AN150050 – Electrical Contracting Industry (SA) Award

This Fair Work Australia consolidated award reproduces the former State award ‘Electrical Contracting Industry (SA) Award’ as at 27 March 2006.

About this Award:
Former award of the Industrial Relations Commission of South Australia.

Printed by the authority of the Commonwealth Government Printer.


Disclaimer:
Please note that this consolidated former State award is believed to be accurate but no warranty of accuracy or reliability is given and no liability is accepted for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon.

AN150050 [Notional FWA Consolidation]

ELECTRICAL CONTRACTING INDUSTRY (SA) AWARD

PART 1 APPLICATION AND OPERATION OF AWARD
CLAUSE 1.1 TITLE
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This Award shall be referred to as the Electrical Contracting Industry (SA) Award.

CLAUSE 1.2 ARRANGEMENT

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This Award is arranged as follows:

1.2.1 By Part

By Alphabetical:

CLAUSE 1.3 SCOPE, PERSONS BOUND AND LOCALITY

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1.3.1 This award shall apply throughout the State of South Australia.

1.3.2 This award shall be binding on the industry of the occupations of all persons in the Electrical Contracting Industry as to the employment of persons in connection with the wiring, contracting, maintenance of electrical light and electrical machinery.

This award shall also apply to all persons employed in the occupations enumerated in Clause 5.1 hereof who are employed on the installation of electrical light and power and all classes of wiring, repair and maintenance of electric and/or electronics installations and appliances carried out by Electrical Contractors licensed under the Plumbers, Gas Fitters and Electricians Act, 1995.

Electrical Contractor means any entity who or which contracts to provide electrical services;

The maintenance of Electric Power Distribution Lines and all associated work thereto carried out by Contractors engaged by Electricity Supply Authorities in the State of South Australia.

The work of assembling, installing, diagnosing, servicing and rectifying faults in any of the following:

(i) electronic products (e.g. television receivers, video cassette recorders, audio equipment/systems, home computers etc.) and any combination of these products together with ancillary devices and/or equipment;

(ii) radio and television transmitting devices (including LF, HF, VHF and UHF); CB radios;

(iii) telemetry systems and ancillary equipment;

(iv) multiple access television distribution systems;

(v) computers and their peripherals;

(vi) microwave and associated equipment;

(vii) telephone communications devices

(viii) fibre optic transmission lines and associated equipment;

(ix) public address systems;

(x) domestic satellite television receivers;

(xi) maritime electronic equipment (including depth sounders, radars, etc.);

(xii) security alarm systems;

(xiii) fire alarm systems;

(xiv) superconductivity systems and associated equipment.

(xv) refrigeration and air conditioning systems and associated equipment

1.3.3 Provided that the award shall not apply to the manufacturing section of the business of the employers who are manufacturers or vendors of plant or equipment who install or maintain the said plant and equipment in high and low tension power stations and/or substations for the generation and/or transmission of electric power.

CLAUSE 1.4 DURATION

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This award shall come into force from the first full pay period to commence on or after 18th August 1998 as a result of a Section 99 award review application and shall remain in force for a period of six calendar months.

CLAUSE 1.5 DEFINITIONS

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In this award except where otherwise indicated:

Act means the Fair Work Act 1994.

Commission means the Industrial Relations Commission of South Australia.

Spouse includes a defacto spouse but, except in relation to parental leave does not include a spouse from whom the employee is legally separated.

Union means the Electrical Trades Union of Australia South Australian Branch.

Weeks Pay means the ordinary time rate of pay for the employee concerned

CLAUSE 1.6 CONTINUOUS SERVICE

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1.6.1 Maintenance of Continuous Service

Except as otherwise indicated, service is deemed to be continuous despite:

1.6.1.1 absence of the employee from work in accordance with the employee’s contract of employment or any provision of this Award.

1.6.1.2 absence of the employee from work for any cause by leave of the employer.

1.6.1.3 absence from work on account of illness, disease or injury.

1.6.1.4 absence with reasonable cause. Proof of such reasonable cause lies with the employee.

1.6.1.5 interruption or termination of the employee’s service by an act or omission of the employer with the intention of avoiding any obligation imposed by this Award, the Act or the Long Service Leave Act 1987.

1.6.1.6 interruption or termination of the employee’s service arising directly or indirectly from an industrial dispute if the employee returns to the service of the employer in consequence of the settlement of the dispute.

1.6.1.7 transfer of the employment of an employee from one employer to a second employer where the second employer is the successor or assignee or transmittee of the first employer’s business. In this case, service with the first employer is deemed to be service with the second employer.

1.6.1.8 interruption or termination of the employee’s service by the employer for any reason other than those referred to in this clause if the worker returns to the service of the employer within two months of the date on which the service was interrupted or terminated.

1.6.1.9 any other absence from work for any reason other than those referred to in this clause unless written notice is given by the employer that the absence form work is to be taken as breaking the employee’s continuity of service. Such notice must be given during the period of absence or no later than 14 days after the end of the period of absence.

1.6.2 Calculation of Period of Service

Where an employee’s continuity of service is preserved under this Clause, the period of absence from work is not to be taken into account in calculating the period of the employee’s service with the employer except:-

1.6.2.1 to the extent that the employee receives or is entitled to receive pay for the period, or;

1.6.2.2 where the absence results from a decision of the employer to stand the employee off without pay.

CLAUSE 1.7 RESERVED MATTERS

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Leave is reserved to the parties with respect to the following:

(a) Dual Trade classifications

(b) Classification definitions

(c) Telecommunication Stream

(d) Adult Apprentices

CLAUSE 1.8 MAXIMUM WAGE

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This is a paid rates award. Except as provided by Clause 5.3.13 employers shall not pay in excess of the rates of pay set out in this award.

PART 2 AWARD FLEXIBILITY
CLAUSE 2.1 ENTERPRISE FLEXIBILITY PROVISION
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2.1.1 In this clause the relevant union means the Electrical Trades Union of Australia South Australian Branch hereafter called the “relevant union” provided that the union has one or more members employed by the employer to perform work in the relevant enterprise or workplace.

(Note: The failure by an employer to give the relevant union an opportunity to be involved in the consultative process leading to the making of an agreement may result in the Commission adjourning or refusing the application to vary the award.)

2.1.2 At each enterprise or workplace, consultative mechanisms and procedures shall be established comprising representatives of the employer and employees. The relevant union shall be entitled to be represented.

2.1.3 The particular consultative mechanisms and procedures shall be appropriate to the size, structure and needs of the enterprise or workplace.

2.1.4 The purpose of the consultative mechanisms and procedures is to facilitate the efficient operation of the enterprise or workplace according to its particular needs.

2.1.5 Where agreement is reached at an enterprise or workplace through such consultative mechanisms and procedures, and where giving effect to such agreement requires this award, as it applies at the enterprise or workplace, to be varied, an application to vary shall be made to the Commission. The agreement shall be made available in writing to all employees at the enterprise or workplace and to the relevant union prior to the application being made to the Commission.

2.1.6 When this award is varied to give effect to an agreement made pursuant to this clause the variation shall become a schedule to this award and the variation shall take precedence over any provision of this award to the extent of any expressly identified inconsistency.

2.1.7 The agreement must meet the following requirements to enable the Commission to vary this award to give effect to it:

(i) that the purpose of the agreement is to make the enterprise or workplace operate more efficiently according to its particular needs;

(ii) that at least 66% of the employees covered by the agreement genuinely agree to it;

(iii) that the award variation necessitated by the agreement is consistent with the requirements of Section 79 of the Industrial and Employee Relations Act 1994 (The Act).

PART 3 COMMUNICATION, CONSULTATION AND DISPUTE RESOLUTION
CLAUSE 3.1 SETTLEMENT OF DISPUTES OR CLAIMS
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Subject to the Industrial and Employee Relations Act 1994, any dispute or claim shall be dealt with in the following manner:

3.1.1 The matter shall first be submitted by a local Union representative, to the supervising officer or other appropriate officer, and if not settled, to a more senior officer in accordance with local procedure.

3.1.2 If not settled, the matter shall be formally submitted by the State Secretary or other appropriate officer of the Union to a senior officer representing the employer.

3.1.3 If the matter is still not settled, it shall be submitted to a member of the Industrial Relations Commission of South Australia, whose decision shall be final and shall be accepted by both parties.

3.1.4 While the above procedure is being followed, work shall continue normally where it is agreed that there is an existing custom, but in other cases, the work shall continue at the instruction of the employer, failure to continue work shall be a breach of the award. No party shall be prejudiced as to the final settlement by the continuance of work in accordance with this subclause.

PART 4 EMPLOYER AND EMPLOYEE DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
CLAUSE 4.1 ANTI-DISCRIMINATION
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4.1.1 It is the intention of the parties to this Award to achieve the principal object in section 3 (m) of the Act by helping to prevent and eliminate discrimination on the basis of race, colour, sex, sexual preference, age, physical or mental disability, marital status, family responsibilities, pregnancy, religion, political opinion, national extraction or social origin.

4.1.2 Accordingly, in fulfilling their obligations under the disputes avoidance and settling clause, the parties must make every endeavour to ensure that neither the Award provisions nor their operations are directly or indirectly discriminatory in their effects.

4.1.3 Nothing in this clause is to be taken to affect:

4.1.3.1 any different treatment (or treatment having different effects) which is specifically exempted under the State or Commonwealth anti-discrimination legislation;

4.1.3.2 until considered and determined further by the Commission the payment of different wages for employees who have not reached a particular age;

4.1.3.3 an employee, employer or registered organisation, pursuing matters of discrimination in the State or Federal jurisdiction, including by application to the Human Rights and Equal Opportunity Commission.

4.1.4 Nothing in this Clause is to be taken to prevent:-

4.1.4.1 a matter referred to in Subclause 4.1.1 from being a reason for terminating employment if the reason is based on the inherent requirements of the particular position;

4.1.4.2 a matter referred to in Subclause 4.1.1 from being a reason for terminating a person’s employment as a member of the staff of an institution that is conducted in accordance with the doctrines, tenets, beliefs or teaching of a particular religion or creed, if the employer terminates the employment in good faith in order to avoid injury to the religious susceptibilities of adherents of the religion or creed.

CLAUSE 4.2 EMPLOYMENT CATEGORIES

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4.2.1 Weekly Hired Employees

Except as hereinafter provided employment shall be by the week.

Any employee not specifically engaged as a casual employee shall be deemed to be employed by the week.

4.2.2 Casual Employees

A casual employee is one engaged as such. A casual employee shall be paid per hour one thirty-eighth of the weekly rate prescribed by Clauses 5.2, 5.3.1, 5.3.2, 5.3.3 and 5.3.4 of this award for the work he/she performs, plus 20 per cent. Such total rate shall form the ordinary rate for all purposes of the award.

A casual employee shall not be entitled to payment in respect of Annual Leave, Public Holidays or Sick Leave.

A casual employee shall not be employed as such for any period in excess of eight weeks duration.

For the purpose of this sub-clause continuous employment is broken if the employee is not engaged every ordinary working day during an eight week period.

4.2.3 Part-Time Employees

(i) An employee may be engaged by the week to work on a part-time basis for less than 38 hours per week.

(ii) An employee so engaged shall be paid per hour one thirty-eighth of the weekly rate prescribed by Clause 5.1 for the classification in which he/she is engaged.

An employee engaged on a part-time basis shall be entitled to payments in respect of the annual leave, public holidays, sick and bereavement leave provisions of this award on a proportionate basis.

4.2.4 Apprentices

4.2.4.1 Employment of Minors

An employer shall not employ minors in trades which have been proclaimed under the Vocational Education Employment and Training Act 1994 as amended other than under a contract of apprenticeship.

4.2.4.2 Proportion

(i) An employer shall not employ apprentices in excess of the proportion hereinafter prescribed:

In the trade of Electrical Fitter - one apprentice to every three or fraction of three tradespersons:

In the trade of Electrical Mechanic - one apprentice to each unrestricted registered electrical mechanic.

In all other trades - one apprentice to each appropriate tradesperson.

It is the intention of the parties to this Award that in such cases the apprentice would be rotated between tradesperson.

For the purpose of ascertaining the number of apprentices, the number of tradespersons shall be deemed to be the average number working during the immediately preceding six months, and in ascertaining such proportion an employer actually working in any workshop shall be deemed to be a tradesperson.

A person who is for a term not exceeding two years, taking practical training in a workshop in continuance of a course of training for professional work shall not be taken into account in calculating the proportion of apprentices to tradespersons.

(ii) Notwithstanding anything hereinbefore provided an employer may with the consent of the Accreditation and Registration Council and upon satisfying the authority that he/she has the plant, equipment and staff necessary for the proper tuition of each apprentice concerned, take apprentices in excess of the proportion herein prescribed.

Until further order apprentices so taken shall not be counted in further calculations of the proportion of apprentices to tradespersons authorised by the award.

4.2.4.3 Period of Apprenticeship

(i) The period of apprenticeship shall be a maximum of four years.

(ii) If the apprentice when indentured is under the age of 21 years and the appropriate apprenticeship authority is satisfied that the apprentice is of the educational standard as indicated hereunder, or has had experience relevant to the electrical trade which, together with his/her educational qualifications, fits him/her to undertake the training in his/her electrical trade, and at the option of the parties, such apprentice shall be entitled to credit towards the four-year term of apprenticeship in accordance with the following table:

4.2.4.4 Probationary Period

Minors may be taken on probation for three months and if apprenticed, such three months shall count as part of their period of apprenticeship.

4.2.4.5 Lost Time

The apprentice at the end of the calendar period of any one year in which he/she has actually given service to the employer upon less than the ordinary working days prescribed in this award or was unlawfully absent without the employers consent shall, for every day short of the said number of working days and for every day of such absence, serve one day, and the calendar period of the succeeding year of service shall not be deemed to begin until the said additional day or days shall have been served.

Provided that in calculating the extra time to be so served the apprentice shall be credited with time which he/she has worked during the relevant year in excess of his ordinary hours.

CLAUSE 4.3 LATECOMERS

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Notwithstanding anything else elsewhere contained in this award, an employer may select and utilise for time-keeping purposes any fractional or decimal proportion of an hour, (not exceeding quarter of an hour). Such proportion may apply in the calculation of the working time of employees who, without reasonable cause and proper communication to the employer, reported for duty after their appointed starting times or cessation of duty before their appointed finishing times. An employer who adopts a proportion for said purposes, shall apply the same proportion for the calculation of overtime.

CLAUSE 4.4 WORKPLACE

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An employee shall present himself/herself for work at the usual starting time at the job as directed by his/her employer.

CLAUSE 4.5 TERMINATION OF EMPLOYMENT

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4.5.1 Termination of employment

Nothing in this clause shall affect the right of an employer to dismiss an employee without notice for misconduct or refusing duty and in such cases wages shall be paid to the time of dismissal only.

(i) Termination of employment by an employer shall not be harsh, unjust or unreasonable.

(ii) For the purpose of this clause, termination of employment shall include termination with or without notice.

(iii) Provided that any dispute or claim arising out of:

(1) sub-clauses (i) and (ii) hereof or

(2) interpretation of what is normal and customary turnover of labour shall be dealt with in accordance with the Dispute Settlement Procedures contained within the Award.

4.5.2 Notice of Termination by Employer

4.5.2.1 In order to terminate the employment of an employee, the employer must give the employee the following notice:-

4.5.2.2 In addition to the notice in Subclause 4.5.2.1 employees over forty five years of age at the time of the giving of notice with not less than 2 years continuous service are entitled to additional notice of one week.

4.5.2.3 Payment at the ordinary rate of pay in lieu of the notice prescribed in Subclauses 4.5.2.1 and/or 4.5.2.2 and/or 4.6.4 must be made if the appropriate notice period is not given. Employment may be terminated by agreement for part of the period of notice specified and part payment in lieu.

4.5.2.4 In calculating any payment in lieu of notice the employer must pay the wages an employee would have received in respect of the ordinary time the employee would have worked during the period of notice had the employee’s employment not been terminated.

4.5.2.5 The period of notice in this Clause does not apply in the case of:-

• dismissal for conduct that at common law justifies instant dismissal;
• casual employees
• employees engaged for a specific period of time; or
• for a specific task or tasks.

4.5.3 Time Off During Notice Period

Where an employer has given notice of termination to an employee. the employee is entitled to up to 1 day’s time off without pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

4.5.4 Statement of Employment

At the employee’s request the employer shall provide to an employee whose employment has been terminated a written statement specifying the period of the employee’s employment and the classification of or the type of work performed by the employee.

4.5.5 Payment In Lieu

If an employer makes payment in lieu for all or any of the period of notice prescribed, the period for which such payment is made must be treated as service with the employer for the purposes of computing any service related entitlement of the employee.

Provided that where an employee is paid under the average system, as provided in Clause 5.2 herein, and has accrued a credit during the work cycle, such credit shall be taken into account in calculating wages due.

4.5.6 Notice of Termination by Employee

In order to terminate the employment an employee must give the employer the following notice:-

4.5.7 Abandonment of Employment

An employee who has given or been given notice and absents himself/herself from work during that period of notice without reasonable cause (proof of which shall lie with the employee), shall be deemed to have abandoned his/her employment and shall not be entitled to any payment for work done by him/her within that period.

CLAUSE 4.6 REDUNDANCY

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4.6.1 Definition

Redundancy in this Clause means the loss of employment due to the employer no longer requiring the job the employee has been doing to be performed by anyone, and ‘redundant’ has a corresponding meaning.

4.6.2 Exclusions

4.6.2.1 This Clause does not apply to employees with less than 1 year’s continuous service. The general obligation of employers should be no more than to give such employees an indication of the impending redundancy at the first reasonable opportunity, and to take such steps as may be reasonable to facilitate the obtaining by such employees of suitable alternative employment.

4.6.2.2 This Clause does not apply where employment is terminated as a consequence of conduct that at common law justifies instant dismissal or in the case of casual employees, apprentices, trainees or employees engaged for a specific period of time or for a specified task or tasks.

4.6.3 Discussions before Termination

4.6.3.1 Where an employer has made a firm decision that the employer no longer requires the job the employees have been doing done by anyone and that decision may lead to termination of employment, the employer must have discussions as soon as practicable with the employees directly affected and with the Union. Discussions must include:

• the reasons for the proposed terminations;
• measures to avoid or minimise the terminations;
• measures to mitigate the adverse effects of any terminations on the employees concerned.

4.6.3.2 For the purpose of such discussion the employer must as soon as practicable provide in writing to the employees concerned and the Union, all relevant information about the proposed terminations, including:-

• the reasons for the proposed terminations;
• the number and categories of employees likely to be affected;
• the number of workers normally employed; and
• the period over which the terminations are likely to be carried out.

No employer is required to disclose confidential information the disclosure of which, when looked at objectively, would be against the employer’s interests.

4.6.4 Period of Notice of Termination on Redundancy

4.6.4.1 If the services of an employee are to be terminated due to redundancy such an employee must be given notice of termination as prescribed by subclause 4.5.2 of this Award.

4.6.4.2 Employees to whom notification of termination of service is to be given on account of the introduction or proposed introduction by the employer of automation or other like technological changes in the industry in relation to which the employer is or other like engaged must be given not less than 3 months notice of termination.

4.6.4.3 Should the employer fail to give notice of termination as required in Subclauses 4.6.4.1 or 4.6.4.2 in this Award the employer must pay to that employee the ordinary rate of pay for a period being the difference between the notice given and that required to be given. The period of notice to be given is deemed to be service with the employer for the purposes of the Long Service Leave Act, 1987.

4.6.5 Time Off During Notice Period

4.6.5.1 During the period of notice of termination given by the employer an employee is entitled to up to 1 day off without loss of pay during each week of notice for the purpose of seeking other employment.

4.6.5.2 If the employee has been allowed paid leave for more than 1 day during the notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview. If such proof is not produced the employee is not entitled to receive payment for the time absent. For this purpose a statutory declaration will be sufficient.

4.6.6 Notification to Commonwealth Government Employment Service

Where a decision has been made to terminate the employment of an employee, or of employees, on account of redundancy the employer must notify the Commonwealth Government Employment Service accordingly as soon as possible, giving relevant information including:-

• a written statement of the reason(s) for the termination(s)
• the number and categories of the employees likely to be affected; and
• the period over which the termination(s) are intended to be carried out.

4.6.7 Severance Pay

4.6.7.1 In addition to the period of notice prescribed for termination in Subclauses 4.5.2 and 4.6.4.1 or 4.6.4.2 an employee whose employment is terminated by reason of redundancy is entitled to the following amounts of severance pay in respect of a continuous period of service:

4.6.7.2 "Week's pay" means the ordinary time gross all purpose rate of pay for the employee concerned at the date of termination.

Provided that an employee shall be entitled to a pro rata payment for any period of continuous service which is less than a full year at any year levels referred to above.

4.6.7.3 Provided that where an employee who is terminated receives a benefit from a severance pay scheme, he/she shall only receive under Subclause 4.6.7.1 hereof the difference between the redundancy pay specified in that subclause and the amount of the severance benefit he/she receives which is attributable to employer contributions. If the severance benefit is greater than the amount due under Subclause 4.6.7.1 hereof then he/she shall receive no payment under that clause.

4.6.7.4 The severance payment need not exceed the amount which the employee would have earned if employment with the employer had proceeded to the employee’s agreed date of retirement or the employee’s eligibility date for social security benefits.

4.6.7.5 An employer may apply to the Commission for an order allowing the off-setting of all or part of an employee’s entitlement to a severance payment on the basis that such payment or part of it is already provided for or included in the contributions which the employer has made over and above those required by law to a superannuation scheme and which is paid or payable to the employee on redundancy occurring.

4.6.8 Incapacity To Pay

An employer may make application to the Commission for an order to have the severance pay prescription varied on the basis of the employer’s incapacity to pay.

4.6.9 Alternative Employment

An employer may make application to the Commission to have the severance pay prescription varied if the employer obtains acceptable alternative employment for an employee.

4.6.10 Written Notice

The employer must, as soon as practicable, but prior to the termination of the employee’s employment, give to the employee a written notice containing, among other things, the following:-

4.6.10.1 the date and time of the proposed termination of the employee’s employment;

4.6.10.2 details of the monetary entitlements of the employee upon the termination of the employee’s employment including the manner and method by which those entitlements have been calculated;

4.6.10.3 advice as to the entitlement of the employee to assistance from the employer, including time off without loss of pay in seeking other employment, or arranging training or retraining for future employment; and

4.6.10.4 advice as to the entitlements of the employee should the employee terminate employment during the period of notice.

4.6.11 Transfer to Lower Paid Duties

Where an employee whose job has become redundant accepts an offer of alternative work by the employer the rate of for which is less than the rate of pay for the former position, the employee is entitled to the same period of notice of the date of commencement of work in the new position as if the employee’s employment had been terminated. The employer may pay in lieu thereof an amount equal to the difference between the former rate of pay and the new lower rate for the number of weeks of notice still owing.

4.6.12 Employee Leaving During Notice

An employee whose employment is terminated on account of redundancy may terminate employment during the period of notice. In this case the employee is entitled to the same benefits and payments under this Clause as if remaining with the employer until the expiry of such notice. In such circumstances the employee is not entitled to payment in lieu of notice.

CLAUSE 4.7 TRANSMISSION OF BUSINESS

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4.7.1 Definition

This Clause applies where a business, undertaking or establishment, or any part of it, has been transmitted from an employer (‘the transmittor’) to another employer (‘the transmittee’).

‘Transmission’ without limiting its ordinary meaning, includes transfer, conveyance, assignment or succession, whether by agreement of operation of law. ‘Transmitted’ has a corresponding meaning.

4.7.2 Acceptance of Employment with Transmittee

Subject to further order of the Commission where a person who at the time of the transmission was an employee of the transmittor in that business, undertaking, establishment, or part thereof becomes an employee of the transmittee;

4.7.2.1 The period of service which the employee has had with the transmittor or any prior transmittor shall be deemed to be service of the employee with the transmittee for the purpose of calculation any entitlement of the employee to service-related periods of notice or severance payments; and

4.7.2.2 The provisions of Clause 4.6 do not apply in respect of the termination of the employee’s employment with the transmittor.

4.7.3 Offer of Employment with the Transmittee

An employee is not entitled to benefits under Clause 4.6 in respect of termination of employment resulting from transmission of the business, undertaking, establishment or part of it if:

4.7.3.1 The employee is offered employment by the transmittee;

4.7.3.2 The offer is made before the transmission of the business, undertaking, establishment or part thereof;

4.7.3.3 The terms and conditions of the new employment offered;

4.7.3.3.1 are not substantially different from those applying to the employment with the transmittor,

or

4.7.3.3.2 are substantially different, but the offer constitutes an offer of suitable employment in relation to the employee; and

4.7.3.4 The employee unreasonably refuses to accept the offer.

4.7.4 This clause shall not apply by reason only of an employer taking over the employees of another employer to complete contract or subcontract works abandoned by that other employer by reason of bankruptcy, liquidation or otherwise.

CLAUSE 4.8 SERVICE PROVISIONS (TERMINATION, CHANGE AND REDUNDANCY)

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4.8.1 Continuity of Service

For the purpose of Clauses 4.5 and 4.6 service means continuous service as defined in Clause 1.6.

4.8.2 Service with Two or More Corporations

Where an employee has been employed by two or more corporations that are associated corporations, or by two or more corporations that are related to each other within the meaning of Section 50 of the Corporations Law, the service of the employee with each such corporation must be included in the calculation of the employee’s continuous service for the purpose of determining the employee’s entitlements according to Clauses 4.5 and 4.6.

CLAUSE 4.9 CESSATION OF WORK

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The employer may deduct payment for any day the employee cannot be usefully employed because of any strike or any stoppage of work by any cause for which the employer cannot reasonably be held responsible.

PART 5 WAGES AND RELATED MATTERS
CLAUSE 5.1 CLASSIFICATIONS AND DEFINITIONS
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5.1.1 Electrical Worker Grade 1 - 80% of Base Rate

An Electrical Worker Grade 1 is a labourer not otherwise provided for in this Award, who is doing labouring work and employed as such.

5.1.2 Electrical Worker Grade 2 - 85% of Base Rate

An Electrical Worker Grade 2:

5.1.2.1 Trades Assistant - is an employee who is engaged in assisting a tradesperson, provided that such assistance shall not include the work requiring the skills of a tradesperson.

Without limiting the scope of the work, an employee may perform the following tasks to the level of his/her training:

• Unskilled tasks as directed;
• Cut to specified lengths - ducting, unistrut, conduit; and other cable and support systems;
• Paints cable trays, ducts and conduits;
• Directly assists a tradesperson installing cable/conduit, ducting and other cable enclosures or support systems;
• Chase walls as marked by a tradesperson.

5.1.2.2 Line Clearance Operator – is an employee who is engaged in the clearance of vegetation in the vicinity of overhead power distribution lines.

5.1.3 Electrical Worker Grade 3 - 90% of Base Rate

An Electrical Worker Grade 3 is an employee working under direction who may be required to perform the work of an electrical worker Grade 2 and:

Without limiting the scope of the work the employee may perform the work described below to the level of his/her training:

• is engaged in storework or
• is qualified and required to drive or operate the employer's vehicles, machinery, plant or equipment incidental to his/her primary task or functions or
• inspects and tests fire alarm or security alarm equipment or

under the supervision of a tradesperson or electronics serviceperson;

• installs radio, communications and related equipment including antenna or
• installs fire alarm or security alarm equipment or
• installs data and communication cabling

provided that this person shall not undertake tasks requiring the skills of a tradesperson.

Included in this Grade is the work of:

Electronic Equipment Installer Level 1 – Definition to be determined.

Television Antenna Installer/Erector - means an adult employee engaged to erect and/or install television and other electronic impulse transmission and/or receiving antennae.

Fire/Security Alarm Tester Level 1 - means a person employed to inspect and test alarm/control panels, fire suppression equipment, detectors, signs, bells, pumps and associated equipment in the industry of fire-alarm servicing.

Electronic Equipment Tester/Installer Level 1 - means an employee engaged on the alignment, installation and testing of data, radio, communications and related equipment including the locating of faults not requiring the skills of a tradesperson.

Purchasing Clerk/Storeperson Level 1 - means an employee who initiates orders for electrical materials, receives and issues materials and provides reports on the cost of materials for the preparation of tender documents and job cards. In addition to these duties, the Purchasing Clerk Level 1 may conduct sale of materials and equipment to the Public or to the Trade.

5.1.4 Electrical Worker Grade 4 - 95% of Base Rate

An Electrical Worker Grade 4 is an employee who:

has worked for not less than one year in the industry or holds the equivalent experience and without limiting the scope of the work and to the level of his/her training is an employee who:

• is accredited to perform scaffolding or rigging or
• is directly in charge of an electrical store and responsible for materials, ordering and purchasing; or
• has worked for not less than one year as an electrical worker grade 3 or has the equivalent experience in the installation of electronics equipment and who, under the minimum supervision of a tradesperson or electronics serviceperson:
  • installs radio, communications and related equipment including antenna, or
  • installs fire alarm or security alarm equipment, or
  • installs, terminates and tests data and communication cabling, or
  • inspects and tests fire alarms or security alarm equipment involving a range of responsibility beyond that of a Grade 3 Electrical worker and works without assistance and supervision, or
  • holds a restricted electrical workers registration.

provided that this person shall not undertake tasks requiring the skills of a tradesperson.

Included in this grade is the work of:

Electronic Equipment Installer Level 2 – Definition to be determined.

Fire/Security Alarm Tester Level 2 - means an Fire/Security Alarm Tester capable of testing any electrical system including but not limited to halon, CO2, ansul, emergency lighting, evacuation systems, all fire detection and suppression systems and associated equipment. The employee shall, with minimum supervision and assistance, be able to interchange test runs and demonstrate the operation of systems to clients, insurers and appropriate personnel.

5.1.5 Electrical Worker Grade 5 - 100% of Base Rate

An Electrical Worker Grade 5 is employed to use the skills acquired through the training specified below and is an employee who:

• holds a trade certificate or tradesperson's rights certificate in an electrical trade; or
• has successfully completed an appropriate trade course or who has otherwise reached an equivalent standard of skills and knowledge in electronics; or
• has successfully completed an appropriate instrumentation trade course; or
• holds an appropriate electrical/refrigeration/air conditioning trade certificate; or
• has successfully completed an appropriate trade course in linework or cable jointing or who has otherwise reached an equivalent standard of skills and knowledge.

Included in this grade is the work of:

Electrical Tradesperson Level 1:

Electrical Mechanic, Electrical Fitter, Appliance Serviceman, Electrical Armature and Motor Winder

Electronic Serviceperson Level 1 – included in this classification are;

* Fire/Security Alarm Technician Level 1 – means a tradesperson employed to carry out repairs and maintenance of alarm/control panels, detectors, pumps, fire suppression signs, bells and other associated equipment in the industry of fire-alarm servicing. In the industry of security servicing, the tradesperson is employed in the field of intruder alarm systems, closed circuit television, video or photographic systems and any external or internal security lighting devices, performing repairs and maintenance.

* Television/Radio/Electronic Equipment Serviceman Level I – means an adult who has completed an appropriate trades course or who has achieved an equivalent standard of skill and knowledge, and who is engaged on routine servicing work which requires no more than the application of the general trade experience gained through apprenticeship or equivalent training on-the-job.

Instrument Tradesperson Level 1 – means a tradesperson who is engaged in the site installation, testing, repair and maintenance of industrial electrical measuring, process control and/or scientific instruments.

Refrigeration/Air-Conditioning Tradesperson Level 1 – means a tradesperson employed to carry out installation, repairs, and routine maintenance of domestic, commercial and industrial refrigeration and air conditioning systems and associated equipment.

Electrical Tradesperson Powerline Level 1 – means a tradesperson who is engaged to work on power lines which requires the application of general trade experience.

Cable Jointer – means a electrical tradesperson who is engaged to work on cable jointing.

Purchasing Clerk/Storeperson Level 2 - means a Purchasing Clerk/Storeperson Level 1 who, in addition, is qualified as an Electrical Worker Grade 5 (as defined) and who performs trade work, or provides technical advice in respect to the SAA Wiring Rules.

5.1.6 Electrical Worker Grade 6 – 105% of Base Rate

An Electrical Worker Grade 6 is an Electrical Worker Grade 5 who in addition:

• has successfully completed:

a) appropriate training modules or 33% of the qualification specified for Grade 7 or its equivalent;

or

b) equivalent structured in-house training relevant to the employer’s business or enterprise as agreed between the parties to the Award; or

• has acquired equivalent standard of skills as agreed between the parties, and as defined in this subclause to the Award, through other means including a minimum of one year's experience as an Electrical Worker Grade 5.
• is employed to use the skills acquired through the training or experience specified.

Included in this grade is the work of:

Electrical Tradesperson Level 2 – Definition to be determined.

Instrument Tradesperson Level 2 – Definition to be determined.

Electronic Serviceperson Level 2 – included in this classification are;

* Fire/Security Alarm Technician Level 2 - means an Alarm/Security Technician Level 1 who is engaged on complex or intricate circuitry or both, the performance of which requires the use of "Additional knowledge" as defined below.

Additional knowledge may be acquired through a minimum of two years on-the-job experience as a serviceman, working on the Company's installations and equipment.

* Television/Radio/Electronic Equipment Serviceman Level 2 - means a Television/Radio/Electronic Equipment Serviceman Level I who has had not less than one year's experience as a tradesperson working on visual and/or sound receiving, recording and/or reproduction devices and associated equipment and associated electronics products.

Refrigeration/Air-Conditioning Tradesperson Level 2 - means a Refrigeration/Air-Conditioning Tradesperson Level 1 who has had not less than one year's experience as a tradesperson engaged on complex or intricate circuitry or both.

Electrical Tradesperson Powerline Level 2 - means an Electrical Tradesperson Powerline engaged in the construction and maintenance of overhead and underground systems including line supporting structures, extra high voltage, high voltage and low voltage lines and in the use of the associated construction and maintenance equipment which may include the driving of specialist line vehicles.

In addition, the employee must hold a current first aid certificate and demonstrate, at least annually, proficiency in rescue and resuscitation techniques.

5.1.7 Electrical Worker Grade 7 - 115% of Base Rate

An Electrical Worker Grade 7 is an Electrical Worker Grade 5 who:

• has successfully completed a Post Trade Certificate or 9 appropriate modules towards an Advanced Certificate or its equivalent or has acquired the same standard of skills through other means including a minimum of two year's experience in the industry, and
• is employed to use the skills acquired through the training and/or experience specified.

Included in this grade is the work of:

Electrician Special Class - means an Electrical Fitter or an Electrical Mechanic or an Instrument Mechanic or an Electrical Worker Grade 5 who is mainly engaged on complex and or intricate circuitry, electronic and or hydraulic and or pneumatic instrumentation the performance of which work requires the use of additional knowledge as herein defined.

Electronic Serviceperson Special Class – included in this classification are;

* Television/Radio/Electronic Serviceman Level 3 - means a Television/ Radio/Electronic Equipment Serviceman Level 2 who has completed an appropriate trade course which includes instruction in electronic products and who has achieved an equivalent standard of skill and knowledge through two years experience in the industry or through a special course of tuition, and is required to diagnose and rectify faults in electronics equipment and/or similar apparatus.

* Fire/Security Alarm Technician Level 3 - means an Fire/Security Alarm Technician Level 2 who:

• has not less than one year of experience as such and who has satisfactorily completed an appropriate Electronics Post Trade Course;

• has not less than two years experience with the employer as such and who possesses a thorough knowledge of the employer's plant and processes and who is capable of servicing all the equipment associated with such plant, and who is employed to maintain, test, modify, service and/or repair complex and intricate electrical, electronic circuits of components, equipment, apparatus and/or devices used in industrial applications in the fire/security alarm systems industry, and for which the performance of such work requires a higher skill than required by a tradesperson employed on basic service work.

Instrument Tradesperson Special Class – Definition to be determined.

Refrigeration/Air-Conditioning Tradesperson Special Class

• Refrigeration Mechanic or Serviceman Level 3 - means a Refrigeration Mechanic or Serviceman Level 1 who has had not less than two years experience as a Tradesperson and possessing a sound working knowledge of refrigeration and air conditioning, electrical control systems to enable the employee to service, diagnose faults and repair domestic, commercial and industrial refrigeration, air conditioning systems under limited technical supervision.

• In addition, to be classified as a Refrigeration Mechanic Level 3, the employee must demonstrate sufficient working knowledge of electronic controls as applied to refrigeration and air conditioning systems to enable the employee to identify faulty modules.

Electrical Tradesperson Powerline Special Class - means an Electrical Tradesperson Powerline who possesses a sound working knowledge of the electrical distribution and transmission systems to enable the employee to service, maintain, fault find and repair low voltage, high voltage and extra high voltage systems under limited technical supervision.

5.1.8 Electrical Worker Grade 8 - 125% of Base Rate

An Electrical Worker Grade 8 is an Electrical Worker Grade 5 who:

• has successfully completed a Post Trade Certificate or 9 appropriate modules of an Advanced Certificate or its equivalent and in addition has not less than two year's experience as an Electrical Worker Grade 7 and is employed to use the skills acquired through the training and/or experience specified.

Included in this grade is the work of:

Advanced Electrical Tradesperson Level 1 – included in this classification are;

* Electronic Tradesperson Level 1 - means an electrical tradesperson working at a level beyond Electrician Special Class and who is mainly engaged in applying his/her knowledge and skill to the tasks of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and diagnosing various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry.

The application of this skill and knowledge would require an overall understanding of the operating principles of the system equipment on which the tradesperson is required to carry out his/her tasks.

To be classified as an Electronics Tradesperson, an electrical tradesperson must have at least three years on-the-job experience as a tradesperson in electronic systems utilising integrated circuits, and in addition must have satisfactorily completed 9 appropriate modules of an Advanced Certificate or its equivalent. In addition, to be classified as an Electronics Tradesperson, a tradesperson must be capable of and prepared to carry out the following duties as required:

• Maintaining and repairing multi function printed circuits using circuit diagrams and test equipment.
• Working under minimum supervision and technical guidance.
• Providing technical guidance within the scope of the work described in this definition.
• Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.
• Investigation of plant and equipment operating problems which may be solved by modifications to electronic control equipment or the application of electronic solutions and to design, redesign, develop, manufacture and implement electronic circuits to effect plant and/or product improvements.

Advanced Electronic Serviceperson Level 1 – Definition to be determined.

Advanced Electrical Tradesperson Powerline Level 1 - means an Electrical Tradesperson Powerline engaged in applying his/her knowledge and skills to the tasks of repairing, maintaining, installing, servicing, modifying, commissioning, fault finding, diagnosing and switching underground and overhead distribution and transmission systems under minimum supervision and technical guidance.

In addition, an employee at this grade may be required to undertake training to enable the employee to maintain live high voltage systems using the live line glove and barrier method (up to and including 33kV).

Advanced Instrument Tradesperson Level 1 – Definition to be determined.

Advanced Refrigeration/Air-Conditioning Tradesperson Level 1 – Definition to be determined.

5.1.9 Electrical Worker Grade 9 - 130% of Base Rate

An Electrical Worker Grade 9 is an Electrical Worker Grade 5 who:

• has successfully completed an appropriate Advanced Certificate or its formal equivalent and is employed to use the skills acquired through the training and/or experience specified.

Included in this grade is the work of:

Advanced Electrical Tradesperson Level 2 – included in this classification are;

* Electronic Tradesperson Level 2 - means an electrical tradesperson working at a level beyond Electronic Tradesperson Level 1 and who is mainly engaged in applying his/her knowledge and skill to the tasks of installing, repairing, maintaining, servicing, modifying, commissioning, testing, fault finding and diagnosing various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry.

The application of this skill and knowledge would require an overall understanding of the operating principles of the system equipment on which the tradesperson is required to carry out his/her tasks.

To be classified as an Electronics Tradesperson Level 2, an electrical tradesperson must have at least three years on-the-job experience as a tradesperson in electronic systems utilising integrated circuits, and in addition must have satisfactorily completed an appropriate Advanced Certificate or its formal equivalent. In addition, to be classified as an Electronics Tradesperson Level 2, a tradesperson must be capable of and prepared to carry out the following duties as required:

• Maintaining and repairing multi function printed circuits using circuit diagrams and test equipment.
• Working under minimum supervision and technical guidance.
• Providing technical guidance within the scope of the work described in this definition.
• Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.
• Investigation of plant and equipment operating problems which may be solved by modifications to electronic control equipment or the application of electronic solutions and to design, redesign, develop, manufacture and implement electronic circuits to effect plant and/or product improvements.

Advanced Electronic Serviceperson Level 2 – included in this classification are;

* Alarm/Security Technician Level 4 means an Alarm/Security Technician Level 3 who is engaged in applying his/her knowledge and skills to the tasks of repairing, maintaining, servicing, modifying, commissioning, fault finding and diagnosing various forms of systems which are electronically controlled by complex digital and/or analogue control systems utilising integrated circuitry.

• The application of this skill and knowledge would require an overall understanding of the operating principles of systems and equipment on which the tradesperson is required to carry out his/her tasks.

• To be classified as an Alarm/Security Technician Level 4, a tradesperson must have at least three years on-the-job experience a tradesperson in electronic systems utilising integrated circuits, and in addition must have satisfactorily completed an Advanced Certificate in electronics or its formal equivalent.

• In addition, to be classified as an Alarm/Security Technician Level 4, a tradesperson must be capable of:

• Maintaining and repairing multi-function printed circuitry using circuit diagrams and test equipment.
• Working under minimum supervision and technical guidance.
• Providing technical guidance within the scope of the work described in this definition.
• Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.

* Television/Radio/Electronic Serviceman Level 4 - means a Television/ Radio/Electronic Equipment Serviceman working at a level beyond that of a Television/Radio/Electronic Serviceman Level 3, who is engaged in applying his/her knowledge and skills to the tasks of installing, repairing, maintaining, servicing modifying, commissioning, testing, fault finding and diagnosis of various forms of machinery and equipment which are electronically controlled by complex digital and/or analogue systems utilising integrated circuitry.

The application of this skill and knowledge would require an overall understanding of the operating principles of the systems and equipment on which the tradesperson is required to carry out his/her tasks.

To be classified as a Television/Radio/Electronic Equipment Serviceman Level 4, a tradesperson must have at least three years on-the-job experience as a tradesperson in electronic systems utilising integrated circuits, and in addition, must have satisfactorily completed an Advanced Certificate in electronics or formal equivalent.

In addition, to be classified as a Television/Radio/Electronic Equipment Serviceman Level 4, a tradesperson must be capable of:

• Maintaining and repairing multi-function printed circuitry using circuit diagrams and test equipment.
• Working under minimum supervision and technical guidance.
• Providing technical guidance within the scope of the work described in the definition.
• Preparing reports of a technical nature on specific tasks or assignments as directed and within the scope of the work described in this definition.

Advanced Electrical Tradesperson Powerline Level 2 - means an Electrical Tradesperson Powerline engaged as an Advanced Electrical Tradesperson Powerline Level I who, in addition, is required to maintain live high voltage transmission systems, up to and including 66kV.

Advanced Instrument Tradesperson Level 2 – Definition to be determined.

Advanced Refrigeration/Air-Conditioning Tradesperson Level 2 – Definition to be determined.

5.1.10 Electrical Worker Grade 10 - 145% of Base Rate

An Electrical Worker Grade 10 is an Electrical Contracting Industry Worker Grade 5 who:

• has successfully completed an appropriate Associate Diploma or its formal equivalent and is employed to use the skills acquired through the training and/or experience specified.

Included in this grade is the work of:

Advanced Electrical Tradesperson Level 3 – Definition to be determined.

Advanced Electronic Serviceperson Level 3 – included in this classification are;

* Television/Radio/Electronic Equipment Serviceperson Level 5 - means a Television/ Radio/Electronic Equipment Serviceperson working at a level beyond that of a Television/Radio/Electronic Equipment Serviceperson Level 4 who, in addition to the requirements of the Television/Radio/Electronic Equipment Serviceperson Level 4, must have one additional year on-the-job experience as a tradesperson working on electronic systems, but, who in addition, is required to maintain and repair multi-function printing circuitry using circuit diagrams and test equipment.

To be classified as a Television/Radio/Electronic Equipment Serviceperson Level 5, a tradesperson must be engaged in applying his/her skills and knowledge to the tasks of design, modifying, testing and diagnosis of complex electronic systems related to radio and communications equipment.

Advanced Electrical Tradesperson Powerline Level 3 - means an Electrical Tradesperson Powerline Level 2 who, in addition, is required to work on live transmission lines that are above the voltage of 66kV.

Advanced Instrument Tradesperson Level 3 – Definition to be determined.

Advanced Refrigeration/Air-Conditioning Tradesperson Level 3 – Definition to be determined.

CLAUSE 5.2 WAGE RATES

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The wage rates for classifications set out in this award are published in Schedules 1 and 3 attached to this award.

CLAUSE 5.3 ALLOWANCES

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The rates for allowances set out in this award are published in Schedule 3 attached to this award.

5.3.1 An Installation Allowance as prescribed by Schedule 3 (a) (ii) –

Is payable in addition to the rates prescribed for Industry Allowance to an employee working on a construction site installation for all purposes of the award to compensate for the following disabilities -

(i) Climatic conditions when working on site installation work.

(ii) The disability associated with dust, muddy conditions and drippings from concrete.

(iii) Working from all types of scaffolds or ladders.

(iv) The disability of having to climb stairs.

(v) Excavating or back filling of trenches.

(vi) Chasing brickwork or concrete materials.

(vii) The lack of usual amenities associated with a workshop.

5.3.2 A Service and Maintenance allowance - as prescribed by Schedule 3 (a) (iii) –

In addition to the rates prescribed for Industry Allowance an employee engaged on service or maintenance work which may include minor alterations or additions associated with such work, shall be paid an allowance for all purposes of the award to compensate for the following disabilities;

(i) The necessity to work from scaffolds or ladders.

(ii) Ship Repairing.

(iii) The lack of amenities associated with a workshop.

5.3.3 A Licence Allowance as prescribed by Schedule 3 (a) (v)

Is payable to an employee who is engaged and working as an Electrical Tradesperson and who holds an unrestricted Electrical Workers Registration issued under the Plumbers, Gas Fitters and Electricians Act, 1995.

5.3.4 A Tool Allowance as prescribed by Schedule 3 (a) (iv)

In addition to the rates prescribed by Schedule 1. hereof a tool allowance is payable for all purposes of the Award to an employee who is engaged and working as a Tradesperson for supplying and maintaining the full set of tools ordinarily required in the performance of his/her work.

5.3.5 Service Increments may be paid as prescribed by Schedule 3 (b) attached to this award.

5.3.6 Leading Hand Allowance as prescribed by Schedule 3(g)

A Leading Hand shall mean a person appointed by the employer to supervise the work of other employees. Leading Hand rates shall be paid for all purposes of the award.

5.3.7 Availability for Duty Allowance as prescribed in Schedule 3 (c)

Availability for Duty shall mean the situation where an employee is rostered to be available for work in accordance with a planned roster with other employees and when required to work shall be paid at the appropriate rate for actual time worked.

For the purposes of this clause travelling time so incurred shall be classed as time worked.

5.3.8 Multi-Storey Allowance shall be paid as prescribed in Schedule 3(d)

For the purpose of this award, a multi-storey building is a single building which when complete consists of not less than five storey levels, three of which shall be above the highest adjacent ground level.

Provided that major renovation projects shall be subject to consultation between the parties prior to commencement of work on the project in order to determine whether these shall be regarded as a multi-storey building for the purpose of this award.

5.3.9 Tower Structure or Silo Allowance

An employee working on a tower or structure or silo which is in excess of fifteen metres in height shall be paid in lieu of and at the same rate per hour as prescribed in subclause 5.3.8 herein.

5.3.10 Asbestos Eradication Allowance shall be paid as prescribed in Schedule 3 (e)

(i) This subclause shall apply to workers engaged in the process of asbestos eradication on the performance of work within the scope of this award.

(ii) Asbestos eradication is defined as work on or about buildings involving the removal or any other method of neutralisation, of any materials, which consist of, or contain, asbestos.

(iii) All aspects of asbestos work will meet as a minimum standard the provision of the Occupational Health and Safety Act as amended from time to time and Industrial Safety Code Regulations and Commercial Code Regulations for the safe demolition/removal of asbestos based materials. Without limiting the effect of the above provision any person who carries out eradication work or works adjacent to or in the vicinity of asbestos shall do so in accordance with the legislation/regulations prescribed by the appropriate authorities.

(iv) Respiratory protective equipment, conforming to the relevant parts of the appropriate Australian Standard (e.g 1716 'Specification for Respiratory Devices') shall be worn by all personnel during work involving eradication of asbestos.

5.3.11 Special Disability Allowance as prescribed by Schedule 3 (f)

Broken Hill Associated Smelters, Port Pirie S.A. Any employee involved in on-site work at the above establishment covered by this Award shall be paid a flat rate as prescribed by Schedule 3 (f) attached to this Award for each hour actually worked and spent in the defined lead exposure and lead hazard areas to compensate for special disabilities encountered.

This special disability allowance shall stand alone and shall not be included for any other purpose of the award.

5.3.12 Electrical Distribution Line Maintenance and Tree Clearing Allowance as prescribed by Schedule 3 (a) (vi).

Electrical Distribution Line Maintenance and Tree Clearing Allowance shall be paid as prescribed for all purposes of the Award.

5.3.13 Special Site Rates

Where special site rates have been agreed to by the principals and the Electrical Trades Union of Australia South Australian Branch or determined by way of arbitration and these rates were determined prior to tender or during a contract currency, then rates so agreed or determined and reimbursed by the principal to the employer, shall be paid notwithstanding the provisions of Clause 1.8 hereof.

CLAUSE 5.4 APPRENTICE WAGE RATES

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(i) The weekly rate of wages for apprentices shall be the undermentioned percentages of the ordinary weekly rate payable under clause 5.1 of this award for an adult tradesperson employed in the area in which the apprentices are employed and in all contracts of apprenticeship hereafter made the employer shall covenant to pay wages of not less than such rates, plus the additional rates prescribed by subclause (ii) hereof.

Provided that where an apprentice working in an establishment under a particular work cycle as required and attends technical college on a Rostered Leisure Day off, he shall be afforded another ordinary working day off as substitution for the Rostered Leisure Day off. However, any substituted day must be taken in the current or next succeeding work cycle.

(ii) In addition to the rates prescribed by 5.4 (i) herein apprentices shall be paid:

• Where applicable the abovementioned apprentice year percentage of 50% of the Installation Allowance or Service & Maintenance allowance prescribed in Schedule 3 and subclauses 5.3.1 and 5.3.2 respectively.

and

• The abovementioned apprentice year percentage of the Licence Allowance and Tool Allowance prescribed in Schedule 3 and subclauses 5.3.3 and 5.3.4 respectively.

(iii) The total wages of apprentices shall be calculated to the nearest five cents, any broken part of five cents in the result not exceeding two cents to be disregarded.

(iv) An employee who is under 21 years of age on the expiration of the apprenticeship and thereafter works as a minor in the occupation to which he/she has been apprenticed shall be paid not less than the adult rate prescribed for the classification.

CLAUSE 5.5 PAYMENT OF WAGES

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5.5.1 (i) Wages shall be paid weekly or fortnightly. Where an employer and an employee agree, the employee may be paid his/her wages by cheque. An employee paid by cash kept waiting for his/her wages on pay day for more than six minutes after the usual time for ceasing work shall be paid at overtime rates after six minutes. Adjustments of wages shall be rectified on the next following pay day.

Where wages are paid to employees by cheque in accordance with this subclause, the employer shall on pay day and subject to at least 48 hours notice by an employee, have facilities available for the encashment of the cheque.

Wages paid by cheque in accordance with this subclause shall be paid and the facility for encashment as arranged, shall be available during working hours. Upon termination of his/her employment, wages due to an employee shall be paid to him/her on the day of such termination.

(ii) Employers paying by the Electronic Funds Transfer system shall deposit all wages due to employees into the employers bank no later than Thursday before noon in any pay period for transfer to the employees account in the bank or institution of the employees' choice.

(iii) Details of Employees Pay Packet.

Prior to pay day employers shall provide each employee with a statement showing:-

(a) Number of hours worked

(b) Number of overtime hours worked

(c) Rate of Pay on which such payment of hours worked is based

(d) Any deductions

(e) Amount of contributions paid to a superannuation fund

(f) The gross and net amount of payment

5.5.2 On the first pay day occurring during his/her employment, an employee shall be paid whatever wages are due to him/her up to the completion of his/her work on the previous day.

Provided that this subclause shall not apply to employers who make a practice of allowing advances to employees approximating wages due.

5.5.3 Employers shall not hold more than two days wages in reserve.

5.5.4 (i) An employee whose ordinary hours of work may be more or less than 38 in any particular week of a work cycle, shall be paid wages on the basis of an average of 38 ordinary hours per week so as to avoid fluctuating weekly wage payments.

(ii) If the 38-hour week is to be implemented so as to give an employee a Rostered Leisure Day off in each work cycle, this would be achieved if during a work cycle of 28 consecutive days (that is over four consecutive weeks) the employee's ordinary hours were arranged on the basis that for three of the four weeks he/she worked 40 ordinary hours each week and in the fourth week he/she worked 32 ordinary hours. That is, he/she would work for eight ordinary hours each day Monday to Friday inclusive for three weeks and eight ordinary hours on four days only in the fourth week, a total of 19 days during the work cycle.

(iii) In such a case the averaging system applies and the weekly wage rates for ordinary hours of work applicable to the employee shall be the average weekly wage rates set out for the employees classification in Schedules 1 and 3 of this Award.

Under the averaging system, the employee accrues a 'credit' each day he/she works actual ordinary hours in excess of the daily average which would otherwise be seven hours thirty-six minutes. This credit is carried forward so that in the week of the cycle that he/she works only four days, his/her actual pay would be for the average of thirty-eight ordinary hours even though in that week he/she works a total of thirty-two ordinary hours. Consequently, for each day an employee works eight ordinary hours he/she accrues a credit of 24 minutes (0.4 hours). The maximum credit the employee may accrue under this system is 0.4 hours on each of 19 days: that is a total of seven hours 36 minutes.

(iv) As provided in (v), (vi) and (vii) of this subclause, an employee will not accrue a credit for each day he/she is absent from duty other than on annual leave, long service leave, public holidays, paid sick leave, workers compensation, bereavement leave or jury service.

(v) An employee whose ordinary hours are arranged in accordance with Subclause 6.1.1 (i) and (ii) of this award and who is paid wages in accordance with Subclause 5.2.4 (iii) hereof and is absent from duty (other than on annual leave, long service leave, public holidays, paid sick leave, workers compensation, bereavement leave or jury service), shall for each day he/she is so absent lose average pay for that day by dividing his/her average weekly rate by five.

An employee who is so absent from duty for part of a day shall lose average pay for each hour or part thereof he/she is absent from duty at an hourly rate calculated by dividing his/her average daily pay rate by eight.

(vi) Provided when such an employee is absent from duty for a whole day he/she will not accrue a 'credit' as he/she would not have worked ordinary hours that day in excess of seven hours 36 minutes for which he/she would have otherwise have been paid. Consequently, during the week of the work cycle he/she is to work less than thirty-eight hours he/she will not be entitled to average pay for that week. In that week the average pay will be reduced by the amount of 'credit' he/she does not accrue for each whole day during the work cycle he/she is absent.

The amount by which an employee's average weekly pay will be reduced when he/she is absent from duty (on other than an authorised absence), is to be calculated as follows:

(vii) The following example is set out on the basis of an employee's ordinary hours arranged so that he/she works eight ordinary hours on five days of each week for three weeks and eight ordinary hours on four days of the fourth week.

However in this example, the employee is absent for one day of paid sick leave in the first week of the cycle and has one day unauthorised absence in the second week of the cycle.

CLAUSE 5.6 SPECIAL PAYMENTS

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The special payments prescribed in the wages table in Schedule 1 shall be paid for all purposes of the Award and are payable in lieu of the following:

(i) The non-incidence of over-award payments.

(ii) Special rates and allowances as listed below -

Insulation Materials Handling
Height Money
Hot/Cold Places
Confined Spaces
Wet or Dirty Work
Furnace Work

CLAUSE 5.7 SUPERANNUATION

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5.7.1 Scope and Persons Bound

This clause shall be binding on all persons prescribed by Clause 1.5 of this award and are employees of electrical contractors who are registered in the State of South Australia and to elected officers and staff of the Electrical Trades Union of Australia South Australian Branch.

The clause shall apply to all employers and weekly paid employees in the electrical contracting industry for the full extent and duration of the employment of the employee.

5.7.2 Duration

Employers bound by this Award shall pay the appropriate contributions to an approved occupational superannuation scheme for all employees bound by this Award as from 1 April, 1988.

5.7.3 Definitions

In this clause unless the contrary intentions appears-

Employee shall mean any person employed by an electrical contractor in the classifications as described by Clause 5.3 of this award.

Employer shall mean an employer who employs an employee as defined herein.

Occupational Superannuation shall mean superannuation contributions made as a result of, and in accordance with the Superannuation Principle contained in the State Wage Decision I.68 of 88, or the Superannuation Principle of previous State Wage Decisions.

Full-time Employee shall mean an employee engaged on a full-time basis and paid as such.

Part-time Employee shall mean an employee as specified in Clause 4.2.3 of this award.

Fund shall mean the Industry Based Superannuation fund or a Preferred Superannuation Fund.

Industry Based Superannuation Fund shall mean a Superannuation Fund established for a particular industry or industries to provide Occupational Superannuation (as defined) for employees and capable of accepting employees bound by this appendix as members. Provided that such fund complies with the Occupational Superannuation Standards Act 1987 and Regulations thereunder for Occupational Superannuation Funds and has received the appropriate preliminary listing for taxation purposes from the Insurance and Superannuation Commission.

Ordinary Time Earnings means the actual ordinary rate of pay the employee receives for ordinary hours worked including:

• All work related allowances such as tool allowance, industry allowance, licence and licence nominee allowances, service increments, electrical distribution and tree clearance allowance, attendance payment availability for duty allowance, service and maintenance allowance, installation allowance, shift loading, qualification allowances (e.g first aid), district/location allowances, leading hand allowances, ordering, materials, and supervisory allowances, plus;

• Special rates including asbestos eradication allowance, multi storey allowances, towers allowance, disability allowances, silicate of cotton, slag, insulwool allowance, confined space allowance, dirt money, height money, bosun’s chair/scaffold allowances, plus;

• Fares and travelling time allowances paid pursuant to clause 8.1.1 that are prescribed in Schedule 3.

• The term includes any regular over-award pay as well as casual rates received for ordinary hours of work. All other allowances and payments are excluded. [Note: for the purposes of this subclause “ordinary hours of work” includes ordinary hours of shiftwork where applicable].

Preferred Superannuation Fund shall mean - the Connect superannuation fund.

Appropriate contributions is the amount of contributions nominated in Subclause 5.7.9.

Approved occupational superannuation scheme is the nominated industry superannuation scheme or the superannuation scheme for which exemption from the industry superannuation scheme has been granted.

Electrical contracting work in the construction industry shall mean work as to the employment of persons in connection with the installation of electric light and power and all classes of wiring of electric and/or electronic installations in relation to:

(a) Construction, fabrication, erection and/or installation work or work incidental thereto when it is carried out at a construction site which is specifically established for the purpose of constructing, fabricating, erecting and/or installing the following:

(i) Power stations, oil refineries, terminals and depots; chemical, petrochemical and hydrocarbon plants, and associated plant, plant facilities and equipment;

(ii) Major industrial undertakings and associated plant, plant facilities and equipment including undertakings of the processing and/or smelting of ferrous and nonferrous metals, the processing of forest products and associated by-products, acid and fertilizer plants, cement and lime works and other major industrial undertakings of a like nature;

(iii) Plant, plant facilities and equipment in connection with the extraction, refining and/or treatment of minerals, chemicals and the like;

(iv) Transmission and similar towers, transmission lines and associated plant, plant facilities and equipment;

(v) Other major engineering projects;

(vi) Building;

(vii) Major renovation building projects.

(b) Provided that it shall not include any work which is incidental to or of a minor nature in relation to the work normally performed by an employee of an employer not engaged substantially in electrical contracting work on a construction site.

5.7.4 Agreements of the Parties

(i) The provisions of this clause are a result of negotiations that took place after the service of a log of claims by the Electrical Trades Union of Australia. The log of claims and the consequent response by the Electrical Contractors Association of South Australia Inc. sought to implement the terms of the decisions in the National Wage Case of June 1986 and March 1987 as they refer to superannuation. The Principles of those decisions applied to this clause are:

(a) operation from 1 April 1989

(b) compliance with the Commonwealth Operational Standards for Occupational Superannuation Funds

(ii) compliance with the Superannuation Industry (Supervision) Act 1993 as amended from time to time

(iii) compliance with the Superannuation Guarantee (Administration) Act 1992 as amended from time to time

5.7.5 Eligible Schemes

The parties agree that the Superannuation Plan for Electrical Contractors (CONNECT) be the central preferred vehicle for the provision of superannuation.

CONNECT operates as a Trustee under directors appointed in equal numbers from the National Electrical Contractors Association of Australia Ltd and the Electrical Trades Union of Australia. The policy of directors and the brief given to the Administration and Investment Managers is that the rate of benefits be maintained with the industry standard and that it always complies with the Commonwealth Operational Standards for Occupational Superannuation Funds.

The Scheme is designed to accommodate the requirements of this clause. It is operational and administratively capable of allowing smooth implementation of the provisions contained herein.

From 1 April 1988, persons bound by this clause not in receipt of or providing for superannuation as the case may be will be required to join CONNECT unless an exemption is granted to the contrary. Persons bound by this clause receiving or providing superannuation prior to the date of implementation must apply to the Trustee of CONNECT for an exemption. Every exemption granted will be renewable in September in each year. Exemptions will not be granted or renewed unless:

• contributions and benefits are at least equal to CONNECT;
• the intentions of this clause are satisfied by the exempt scheme;
• certification is given in writing by the Commissioner that any such scheme meets the full requirements of the Commonwealth Operational Standards for Occupational Superannuation.

On granting an exemption CONNECT will issue suitable documentation to ensure all interested parties are satisfied of the exempted schemes compliance.

5.7.6 Administration

All employers and employees must comply with the administration requirements of the Trustee. These requirements will be as detailed in the Administration Guide published by the Trustee. Where circumstances occur which have no set procedure provided in the Administration Guide the matter shall be determined by the Trustee or the agent appointed for that purpose.

5.7.7 Recognition of Superannuation Fund

The Electrical Trades Union South Australian Branch undertakes to ensure recognition of the electrical industry occupational superannuation scheme (CONNECT) by other unions and principal contractors for all industrial contractual purposes provided employers match the site contribution rate for periods when those employees are undertaking 'electrical contracting work in the construction industry' as defined herein.

5.7.8 Exemption

The principals of any electrical contracting business whether they be sole traders, partners in a partnership or directors of a company when undertaking electrical work shall be exempted from the requirements of this clause.

5.7.9 Contributions

Contributions shall be paid by employers for each respondent employee at the minimum rate set by the Fund Trustee, as amended from time to time, and in compliance with the Superannuation Guarantee (Administration) Act 1992, excluding such periods of absence without pay or for worker compensation periods for which the employer is not liable.

Contributions to comply with the Superannuation Guarantee (Administration Act) 1992 are calculated as a percentage of ordinary time earnings on behalf of each eligible employee as follows:

5.7.10 On-site differential

Employers engaged on electrical contracting work in the construction industry as defined herein will pay contributions equivalent to the on-site rate as specified by the Fund Trustees for periods when undertaking such work.

5.7.11 Benefits

Benefits will be at least equal to other industry schemes receiving an equivalent level of contributions.

CLAUSE 5.8 STATE MINIMUM AWARD WAGE

OPDATE 14:12:2005 1st pp on and from

5.8.1 The State Minimum Award Wage

No employee will be paid less than the State minimum award wage.

5.8.2 Amount of State Adult Minimum Award Wage

(a) The State minimum award wage for full-time adult employees not covered by subclause 4 (special categories clause), is $484.40 per week.

(b) Adults employed under a supported wage clause will continue to be entitled to receive the wage rate determined under that clause. Provided that such employees must not be paid less than the amount determined by applying the percentage in the supported wage clause applicable to the employee concerned to the amount of the minimum award wage specified in subclause 5.8.2 (a).

(c) Adults employed as part-time or casual employees continue to be entitled to receive the wage rate determined under the casual and part-time clauses of the award. Provided that such employees must not be paid less than pro rata the minimum award wage specified in subclause 5.8.2 (a) according to the number of hours worked.

5.8.3 How the State Minimum Award Wage Applies to Juniors

(a) The wage rates provided for juniors by this award continue to apply unless the amount determined under subclause 5.8.2 (b) is greater.

(b) The State minimum award wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in subclause 5.8.2.

5.8.4 Application of Minimum Wage to Special Categories of Employee

(a) Due to the existing applicable award wage rates being greater than the relevant proportionate State minimum award wage, this clause has no application to employees undertaking a national Training Wage Traineeship, an Australian Traineeship, a Career Start Traineeship, a Jobskills placement or an apprenticeship.

(b) (Leave reserved for other special categories)

5.8.5 Application of State Minimum Award Wage to Award Rates Calculation

The State minimum award wage:

(a) applies to all work in ordinary hours;

(b) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award; and

(c) is inclusive of the arbitrated safety net adjustment provided by the State Wage Case July 2005 and all previous safety net and state wage adjustments.

PART 6 HOURS OF WORK, BREAKS, OVERTIME, SHIFT WORK & WEEKEND WORK
CLAUSE 6.1 HOURS OF WORK
OPDATE 18:08:98 1st pp on or after

6.1.1 Ordinary Hours of Work

The ordinary hours of work shall not exceed an average of 38 hours per week to be worked on one of the following bases:

(i) 152 hours within a work cycle not exceeding 28 consecutive days, or

(ii) 114 hours within a work cycle not exceeding 21 consecutive days, or

(iii) 76 hours within a work cycle not exceeding 14 consecutive days, or

(iv) 38 hours within a work cycle not exceeding 7 consecutive days.

Provided that not more than eight hours per day with a break of not more than one hour for a meal shall be worked at ordinary rates between 6 a.m. and 7 p.m. Mondays to Fridays inclusive.

Provided further that the spread of hours prescribed by this award may be altered as to all or a section of the employees by mutual agreement between the employer and the employees.

6.1.2 Implementation of the 38 Hour Week

The method of implementation of the 38 hour week shall be by one of the following methods which may be determined between the employer and the majority of employees concerned:

(i) by fixing one leisure weekday on which all employees will be off during a particular work cycle;

(ii) by rostering employees off on various days of the week during a particular work cycle so that each employee has one leisure day off during that cycle;

(iii) by employees working less than eight ordinary hours on one or more days in each fortnight;

(iv) by employees working less than eight ordinary hours on one or more days in each week;

(v) by employees working less than eight ordinary hours each day.

6.1.3 Rostered Day Off

(i) An employee entitled to a Rostered Leisure Day Off during his work cycle shall be advised by the employer at least four weeks in advance of the weekday he/she is to take off.

(ii) Provided agreement is reached between an employer and the majority of employees concerned or when an employer and individual employee so agree, another ordinary working day may be substituted for the Rostered Leisure Day Off. However, any substituted day shall be taken in the current or next succeeding work cycle.

(iii) Provided further that if the employee is required to work on the substituted day off due to unforeseen circumstances or emergency work on a project, he/she shall be paid, in addition to the payment for the day off, time and a half for work performed in ordinary hours and double time for work outside ordinary hours.

6.1.4 Rest Interval

Employees shall be allowed a rest interval of 10 minutes on each day between the time of commencing work and the usual meal interval. The rest interval shall be counted as part of time worked.

6.1.5 Meal Break

An employee shall not be compelled to work for more than six hours without a meal break. Any employee who, by mutual arrangement continues work beyond that time because of emergent work problems shall be paid at the rate of time and a half until a meal break is given or the ordinary daily hours of work as prescribed are completed.

6.1.6 Crib Time

An employee working overtime shall be allowed a crib time of 20 minutes without deduction of pay after each four hours of overtime worked if the employee continues work after such crib time. Provided that where a day worker is required to work overtime on a Saturday the first prescribed crib time shall, if occurring between 10 a.m. and 1 p.m., be paid at ordinary rates.

If the period of overtime is more than two hours, an employee before starting overtime after working ordinary hours shall be allowed a meal break of 20 minutes which shall be paid for at ordinary rates.

An employer and employee may agree to any variation on this provision to meet the circumstances of the work in hand provided that the employer shall not be required to make any payment in respect of any time allowed in excess of 20 minutes.

6.1.7 Inclement Weather

(i) Inclement weather shall mean the existence of abnormal and extreme climatic conditions by virtue of which it is either not reasonable or not safe for employees exposed thereto to continue working on a construction site whilst such conditions prevail.

(ii) The employer or his representative shall, when requested by the employees or an C.E.P.U. representative, confer within a reasonable time (which shall not exceed 60 minutes) for the purpose of determining whether or not the conditions referred to in this clause apply.

(iii) Employees may be transferred from one location on a site where it is unreasonable to work due to inclement weather, to work at another location on the same site or to another site which is not affected by inclement weather subject to the following-

Employees may be transferred from one site to another site and the employer provides transport where necessary.

(iv) An employee shall be entitled to payment by his/her employer for ordinary time lost through inclement weather whilst such conditions prevail.

An employee shall not be entitled to payment for time lost during inclement weather as provided for in this clause unless the provisions of this clause have been observed.

(v) An employee shall be entitled to payment by his employer for ordinary time lost through inclement weather for up to 16 hours in every period of 4 weeks.

CLAUSE 6.2 SHIFT WORK

OPDATE 18:08:98 1st pp on or after

6.2.1 Shiftwork Definitions

For the purpose of this clause:

• Rostered Shift means any shift of which the employee concerned has had at least 48 hours notice.
• Afternoon Shift means any shift finishing after 6.00 pm and at or before midnight.
• Night Shift means any shift finishing subsequent to midnight and at or before 8.00am
• Continuous Work means work carried on with consecutive shifts throughout the twenty four hours of each of at least five consecutive days without interruption except during breakdowns or meal breaks or due to unavoidable causes beyond the control of the employer.
• Day Shift means a shift of 8 hours inclusive of crib time, commencing from 7am or finishing at 6.00pm, worked by an employee who is engaged on continuous shift work.

6.2.2 Hours - Continuous Shift Work

(a) This subclause shall only apply to shift workers on continuous work s herein before defined.

(b) The weekly ordinary hours of such shift workers shall average 38 hours per week inclusive of crib time and shall not exceed 152 hours in 28 consecutive days.

(c) Subject to the following conditions, such shift workers shall work at such times as the employer may require:

(i) a shift shall consist of not more than eight hours, inclusive of crib time. Provided that by mutual agreement between the employer and an employee or majority of employees concerned a shift can consist of up to 12 hours;

(ii) except at the regular change over of shifts an employee shall not be required to work more than one shift in each 24 hours;

(iii) twenty minutes shall be allowed to shift workers each shift for crib which shall be counted as time worked;

(iv) an employee shall not be required to work for more than 5 hours without a break for a meal.

6.2.3 Hours - Other than Continuous Work

6.2.3.1 This subclause shall apply to shift workers not upon continuous work as hereinbefore defined.

6.2.3.2 The weekly ordinary hours of work shall be an average of 38 per week, to be worked in one of the following shift cycles;

• 38 hours within a period not exceeding 7 consecutive calendar days; or

• 76 hours within a period not exceeding 14 consecutive calendar days; or

• 114 hours within a period not exceeding 21 consecutive calendar days; or

• 152 hours within a period not exceeding 28 consecutive days.

6.2.3.3 Subject to the following conditions, such shift workers shall work at such times as the employer may require:

(a) A shift shall not exceed 8 hours of ordinary time work inclusive of crib time. Provided that by mutual agreement between the employer and an employee or majority of employees concerned a shift can consist of up to 12 hours.

(b) Such ordinary hours shall be worked continuously except for crib time at the discretion of the employer;

(c) Except at the regular change-over of shifts, an employee shall not be required to work more than one shift in each 24 hours.

(d) An employee shall not be required to work for more than 5 hours without a break for crib time.

6.2.4 Shift Rosters

Shift roster shall specify the commencing and finishing times of ordinary working hours of the respective shifts.

6.2.4.1 Variation of Shift Rosters

(a) The method of working shifts may in any case be varied by agreement between the employer and the accredited representative of the Union to suit the circumstances of the establishment.

(b) The time of commencing and finishing shifts once determined may be varied by agreement between the employer and the accredited representative of the Union to suite the circumstances of the establishment or in the absence of agreement by seven days notice of alteration given by the employer to the employees.

6.2.5 Shift Allowances

6.2.5.1 An employee whilst on afternoon or night shift shall be paid for such shift 15% more than his/her ordinary rate.

6.2.5.2 An employee who works on an afternoon or night shift which does not continue for at least five successive afternoons or nights shall be paid for such shift time and a half for the first three hours thereof and double time thereafter.

6.2.5.3 An employee who:

(a) During a period of engagement on shift, works nights only; or

(b) Remains on hight shift for a longer period that four consecutive weeks; or

(c) Works on a night shift which does not rotate or alternate with another shift or with day work so as to give him or her at least one third of his or her working time off night shift in each shift cycle.

Shall, during such engagement, period or cycle, be paid 30% more than his or her ordinary rate for all time worked during ordinary working hours on such night shift.

6.2.6 Rate for Working on Saturday Shifts

The minimum rate to be paid to a shift worker for work performed between midnight on Friday and midnight on Saturday shall be time and a half. The extra rate is in substitution for and not cumulative upon the shift premiums prescribed in subclause 6.2.5.

6.2.7 Rate for Working on a Sunday and Public Holiday Shifts

6.2.7.1 The rate at which continuous shift workers are to be paid for work on a rostered shift, the major portion of which is performed on a Sunday or public holiday, is double time.

6.2.7.2 The rate at which shift workers on other than continuous work are to be paid for all time worked on a Sunday or public holiday is as follows:

(a) Sundays - at the rate of double time.

(b) Public Holidays - at the rate of double time and a half.

6.2.7.3 Where shifts commence between 11.00 pm and midnight on a Sunday or public holiday, the time so worked before midnight does not entitle the employee to the Sunday or public holiday rate for the shift. However, the time worked by an employee on a shift commencing before midnight on the day preceding a Sunday or public holiday shall be regarded as time worked on the Sunday or public holiday.

6.2.7.4 Where shifts fall partly on a holiday, the shift that has the major portion falling on the public holiday shall be regarded as the holiday shift.

6.2.7.5 The extra rates in this subclause are in substitution for and not cumulative upon the shift premiums prescribed in 6.2.5 of this award.

6.2.8 Overtime on Shift Work

6.2.8.1 For all time worked in excess of or outside the ordinary working hours prescribed by this Award or on a shift other than a rostered shift, a shift worker shall be paid.

(a) If employed on continuous work be paid at the rate of double time; or

(b) If employed on other shift work at the rate of time and a half for the first two hours and double time thereafter.

6.2.8.2 Except in each case where the time is worked.

(a) by arrangement between the employees themselves;

(b) for the purpose of effecting customary rotation on shifts;

or

(c) on a shift to which an employee is transferred on short notice as an alternative to standing the employee off in circumstances, which would entitle the employer to deduct payment for a day in accordance with Clause 4.9 of this Award. Provided that when not less than eight hours notice has been given to the employer by a relief worker that he/she will be absent from work and the employee whom he/she should relive is not relieved and is required to continue to work on his/her rostered day off the unrelieved employee shall be paid double time.

6.2.8.3 Such extra rates shall be in substitution for and not cumulative upon the shift premiums.

6.2.9 Rest Period after Shift Work

6.2.9.1 A shift worker, when going on shift, changing shift or returning to day work shall have at least 10 consecutive hours off duty on completion of the day work, shift and any overtime and shall not suffer any loss of pay for any ordinary time, or any ordinary shift time as is appropriate in the circumstances for any such off duty period.

6.2.9.2 Provided that, if on the instructions of the employer, such an employee resumes or continues to work without having had such 10 consecutive hours off duty, the employee shall be paid at double time rates until released from duty and shall then be entitled to 10 hours off duty and shall not suffer any loss of pay for any ordinary time, or any ordinary shift time as is appropriate in the circumstances, for any such off duty period.

6.2.10 Daylight Saving

6.2.10.1 Notwithstanding anything contained elsewhere in this Award, in any area where by reason of the Legislation of a State summer time is prescribed as being in advance of the Standard time of that State the length of any shift:

6.2.10.2 Commencing on or before the time prescribed by the relevant legislation for the commencement of a summer time period; and

6.2.10.3 Commencing on or before the time prescribed by such legislation for the termination of a summer time period, shall be deemed to be the number of hours represented by the difference between the time recorded by the clock at the beginning of the shift and the time so recorded at the end thereof, the time of the clock and each case to be set to the time fixed pursuant to the relevant State legislation.

6.2.10.4 In this subclause the expression standard time and summer time shall bear the same meanings as are prescribed by the relevant State legislation.

CLAUSE 6.3 OVERTIME

OPDATE 18:08:98 1st pp on or after

6.3.1 Payment

For all work done outside ordinary hours the rates of pay shall be time and a half for the first three hours and double time thereafter, such double time to continue until the completion of the overtime work. Except as provided in this Subclause (6.3.2) hereof, in computing overtime each day's work shall stand alone and shall be from midnight to midnight.

For the purpose of this clause, ordinary hours shall mean the hours of work fixed in an establishment in accordance with Subclauses 6.1 and 6.2 of this award.

The hourly rate when computing overtime shall be determined by dividing the appropriate weekly rate by 38, although an employee may work more than 38 ordinary hours in a week.

6.3.2 Rest Period

An employee other than a casual employee shall have a rest period of at least ten hours between the completion of his/her work on one day and the commencement of ordinary work on the next day. In the event that the employee has not had at least ten consecutive hours off duty between those times, he/she shall be released after completion of such overtime until he/she has had ten consecutive hours off duty without loss of pay for ordinary time occurring during such absence. If, on the instructions of his/her employer, such an employee resumes or continues work without having had such ten consecutive hours off duty, he/she shall be paid at double rates until he/she is released from duty for such period and he/she shall then be entitled to be absent until he/she has had ten consecutive hours off duty without loss of pay for ordinary working time occurring during such absence.

6.3.3 Meal Allowance

An employee required to work overtime for more than 2 hours without being notified on the previous day or earlier that he/she will be required to work, shall be either supplied with a meal by the employer or the rate prescribed by Schedule 3 (h) of this award for the first meal and for each subsequent meal, but such payment need not be made to employees living in the same locality as their employment who can reasonably return home for meals.

If an employee pursuant to notice has provided a meal or meals and is not required to work overtime or is required to work less than the amount advised, he/she shall be paid as above prescribed for meals which he/she has provided but which are surplus.

The foregoing shall also apply to work performed in accordance with the following Subclause (i.e. 6.3.4 Saturday, Sunday and Public Holiday Work) except that in such circumstances an employee shall be required to work more than four hours without prior notification.

6.3.4 Saturday, Sunday and Public Holiday Work

A day worker required to work overtime on a Saturday, Sunday or Public Holiday shall be afforded at least three hours work or paid for three hours at the appropriate rate except where such overtime is continuous with overtime commenced on the day previous.

Payment for work in these circumstances shall be:

(i) Payment for Saturday work in accordance with Subclause 6.3.1 of this clause.

(ii) Payment for work on Sunday shall be at double time.

(iii) Payment for work on Public Holidays shall be at double time and a half.

6.3.5 Compulsory Overtime

An employer may require an employee to work reasonable overtime at overtime rates and such employees shall work overtime in accordance with such requirements.

6.3.6 Call Back

An employee recalled to work overtime after leaving his/her employer's business premises or the job at which he/she is engaged (whether notified before or after leaving) shall be paid a minimum of four hours work at the appropriate rate for each time he/she is so recalled. This shall not apply where it is customary for an employee to return to work to perform a specific job outside normal working hours or where the overtime is continuous (subject to a reasonable meal break) with the completion or commencement of ordinary working time. Overtime worked as specified in this subclause shall not be regarded as overtime for the purposes of subclause 6.3.2 where the actual time worked is less than four hours on such recall.

PART 7 LEAVE OF ABSENCE AND PUBLIC HOLIDAYS
CLAUSE 7.1 ANNUAL LEAVE
OPDATE 18:08:98 1st pp on or after

7.1.1 Entitlement to Annual Leave

An employee (other than a casual employee) is entitled to 4 week’s annual leave for each completed year of continuous service.

For the purposes of this Clause in calculating the period of 12 months continuous service any such absences as prescribed shall not, except to the extent of not more than 20 days in a 12 monthly period in the case of sickness or accident, be taken into account in calculating the period of 12 months continuous service.

Payment must not be made or accepted in lieu of taking annual leave except in the case of termination of employment.

7.1.2 Annual Leave Exclusive of Public Holidays

The annual leave prescribed by this Clause is exclusive of the public holidays named in this Award that fall on a Monday to Friday inclusive. If any such holiday falls within an employee’s period of annual leave, the period of leave will be increased by one day for each holiday.

Where a holiday falls as described in this subclause and the employee fails to attend work at his/her ordinary starting time on the working day immediately following the last day of the period of annual leave and fails to show reasonable cause for such absence the employee shall not be entitled to be paid for any such holiday.

7.1.3 Accrual of Annual Leave Entitlement

7.1.3.1 An employee’s entitlement to annual leave accrues as follows for each completed year of continuous service:-

7.1.3.1.1 full time employee: 152 hours per annum

7.1.3.1.2 part time employee: (4 x average weekly ordinary hours) per annum

7.1.3.2 Proportionate Leave on Termination

If after four weeks continuous service in any qualifying 12-monthly period an employee lawfully leaves his/her employment or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid at his/her ordinary rate of wage as prescribed in Subclause 7.1.7 hereof for 2.923 hours at the same rate in respect of each completed week of continuous service, the service being service in respect of which leave has not been granted hereunder.

7.1.4 Time of Taking Annual Leave

7.1.4.1 Annual Leave is to be taken at a time or times agreed between the employer and the employee or

7.1.4.2 If an employer and an employee fail to agree on the time (or times) for taking annual leave or part of it the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 4 weeks before the period of annual leave is to begin.

7.1.4.3 If an employer determines the time for taking annual leave, the leave must be granted and must begin within 6 months after the entitlement to the leave accrues.

7.1.5 Leave Allowed Before Due Time

An employer may allow annual leave to an employee before the right thereto has accrued, but where leave is taken in such a case, a further period of annual leave shall not commence to accrue until after the expiration of the 12 months in respect of which annual leave had been taken before it accrued. Where leave has been granted to an employee pursuant to this subclause before the right thereto has accrued due and the employee subsequently leaves or is discharged from the service of the employer before completing the 12 months continuous service in respect of which the leave was granted, the employer may for each completed week of service of the qualifying period of 12 months not served by the employee, deduct from whatever remuneration is payable upon termination of the employment 1/52 of the amount of wage paid on account of the annual leave, which amount shall not include any sums paid for any of the holidays prescribed in clause 7.5 of this award.

7.1.6 Payment for Annual Leave

7.1.6.1 Prior to proceeding on annual leave, an employee is entitled to be paid for the period of leave at the ordinary rate of pay applicable to the employee.

7.1.6.2 For the purpose of this subclause, wages shall be calculated by including where applicable the rates prescribed by Schedules 1, 3(a)(i), 3(a)(ii), 3(a)(iii), 3(a)(iv), 3(a)(v), 3(a)(vi), 3(b), 3(g) for the classification in which the employee was ordinarily employed immediately prior to the commencement of this leave.

7.1.6.3 Upon termination of employment an employee must be paid for leave accrued in accordance with Subclause 7.1.3 herein which has not been taken.

7.1.7 Annual Leave Loading

7.1.7.1 An employee is also entitled to payment of a loading equivalent to 17.5% of the payment provided for in subclause 7.1.6 herein at the time that payment is made.

7.1.7.2 Where an employee would have received shift loadings had the employee not been going on leave during the relevant period and such loadings would have entitled the employee to a greater amount than the loading of 17.5%, then the shift loadings shall be substituted for the 17.5% loading prescribed in this Subclause.

7.1.7.3 Where an employer terminates the employment through no fault of the employee, the employee shall be paid a loading of 17.5% in respect of each week of pro-rata annual leave entitlement. For the purposes of this subclause where the employee terminates his/her employment such loading shall not apply in respect of any proportionate leave accrued.

7.1.8 Annual Close Down

7.1.8.1 Where an employer requires the business operation or part of it to be temporarily shut down the employer may require the employee to take annual leave by giving the employee notice of the requirement at least 2 months before the period of annual leave is to begin.

7.1.8.2 No more than two shut downs can occur in one calendar year.

7.1.8.3 Where:

an employee is unable to attend work because of a shut down, and:

that employee has not accrued a full years entitlement to annual leave

that employee must be allowed to take pro rata annual leave calculated in accordance with the formula specified in subclause 7.1.3.2

7.1.8.4 Where an employee is required to take leave in accordance with this Subclause, and the employee does not have a full or pro rata credit of leave, the employee may be stood off without pay during the period of the close-down for any time in excess of the employee’s leave credit.

7.1.8.5 All time that the employee is stood off without pay for the purposes of subclause 7.1.8.4 is deemed to be time of service in the next 12 monthly qualifying period.

CLAUSE 7.2 SICK LEAVE

OPDATE 18:08:98 1st pp on or after

7.2.1 Entitlement to Sick Leave

An employee (other than a casual employee) who has a sick leave credit:

7.2.1.1 is entitled to take sick leave if the employee is too sick to work

For the purposes of this subclause the word “sick” shall include personal injury which is not otherwise reimbursed by the Workers Rehabilitation & Compensation Act or compensation is payable as a result of a sporting injury.

7.2.1.2 and who is on annual leave is entitled to take sick leave if the person is too sick to work for a period of at least 3 consecutive days. Sick leave so taken does not count as annual leave.

7.2.2 Accrual of Sick Leave Entitlement

7.2.2.1 An employee’s entitlement to sick leave accrues as follows:-

7.2.2.1.1 for the first year of continuous service - at the rate of 1.46 hours for each completed 38 ordinary hours of work to a maximum of 76 hours.

and

7.2.2.1.2 for each later year of continuous service, at the beginning of each year

• a full time employee accrues 76 hours
• a part time employee accrues pro rata hours in accordance with the following formula

7.2.2.2 An employee’s sick leave accumulates from year to year and any sick leave taken by the employee is deducted from the employee’s sick leave credit.

7.2.3 Conditions for Payment of Sick Leave

The employee is not entitled to payment for sick leave unless:-

7.2.3.1 the employee gives the employer notice of the sickness, its nature and estimated duration before the period for which sick leave is sought begins (but if the nature or sudden onset of the sickness makes it impracticable to give the notice before the period begins, the notice is validly given if given as soon as practicable and not later than 24 hours after the period begins); and

7.2.3.2 the employee, at the request of the employer, provides a medical certificate or other reasonable evidence of sickness.

7.2.3.3 For the period of sick leave the employee is entitled to receive payment the employee would have received had the employee not been sick.

CLAUSE 7.3 BEREAVEMENT LEAVE

OPDATE 18:08:98 1st pp on or after

7.3.1 Entitlement to Leave

An employee (other than a casual employee), on the death of a:-

• spouse;
• parent;
• parent-in-law;
• sister or brother;
• child or step-child

is entitled, on reasonable notice, to leave up to and including the day of the funeral of the relative. This leave is without deduction of pay for a period not exceeding the number of hours worker by the employee in 2 ordinary days’ work. Proof of death must be furnished by the employee to the satisfaction of the employer if requested.

7.3.2 Effect of Other Leave

This Clause has no operation where the period of entitlement to this leave coincides with any other period of leave.

CLAUSE 7.4 PARENTAL LEAVE

OPDATE 18:08:98 1st pp on or after

7.4.1 Definitions

In this Clause, unless the contrary intention appears:-

7.4.1.1 Adoption includes the placement of a child with a person in anticipation of, or for the purposes of adoption;

7.4.1.2 Adoption Leave means adoption leave provided under Subclause 7.4.3.4.

7.4.1.3 Child means a child of the employee or the employee’s spouse under the age of one year; or

means a child under the age of five years who is placed with an employee for the purposes of adoption, other than a child or step-child of the employee or of the spouse of the employee who has previously lived with the employee for a continuous period of at least six months.

7.4.1.4 Extended Adoption Leave” means paternity leave provided under Subclause 7.4.3.4(2)

7.4.1.5 Extended Paternity Leave means paternity leave provided under Subclause 7.4.3.3(2)

7.4.1.6 Government Authority means a person or agency prescribed as a government authority for the purposes of this definition.

7.4.1.7 Maternity Leave means maternity leave provided under Subclause 7.4.3.2.

7.4.1.8 Medical Certificate means a certificate as prescribed in Subclause 7.4.5.1.

7.4.1.9 Parental Leave means adoption leave, maternity leave, paternity leave, extended adoption leave or extended paternity leave as appropriate, and is unpaid leave.

7.4.1.10 Paternity Leave means paternity leave provided under Subclause 7.4.3.3.

7.4.1.11 Primary Care Giver means a person who assumes the principal role of providing care and attention to a child.

7.4.1.12 Relative Adoption means the adoption of a child by a parent, a spouse of a parent or another relative, being a grandparent, brother, sister, aunt or uncle (whether of the whole blood or half blood or by marriage).

7.4.1.13 Short Adoption Leave means adoption leave provided under Subclause 7.4.3.4.(1).

7.4.1.14 Special Adoption Leave means adoption leave provided under Subclause 7.4.10.

7.4.1.15 Special Maternity Leave means maternity leave provided under Subclause 7.4.9.1.

7.4.1.16 Spouse includes a defacto spouse or a former spouse.

7.4.2 Employer’s Responsibility to inform

On becoming aware that:-

7.4.2.1 an employee is pregnant; or

7.4.2.2 an employee’s spouse is pregnant; or

7.4.2.3 an employee is adopting a child;

an employer must inform the employee of:-

7.4.2.4 the employee’s entitlements under this clause; and

7.4.2.5 the employee’s responsibility to provide various notices under this clause.

7.4.3 Eligibility for and Entitlement to Parental Leave

7.4.3.1 Subject to the qualification in Subclause 7.4.4 an employee is entitled to parental leave in accordance with the clause.

7.4.3.2 An employee who becomes pregnant is, on production of the required medical certificate, entitled to up to 52 weeks of maternity leave.

7.4.3.3 A male employee is, on production of the required medical certificate, entitled to one or two periods of paternity leave, the total of which must not exceed 52 weeks, as follows:

(i) An unbroken period of up to one week at the time of the birth of the child;

(ii) A further unbroken period of up to 51 weeks in order to be the primary care giver of the child (to be known as extended paternity leave).

7.4.3.4 An employee is entitled to one or two periods of adoption leave, the total of which must not exceed 52 weeks, as follows:

(i) An unbroken period of up to three weeks at the time of the placement of the child (to be known as short adoption leave);

(ii) A further unbroken period of up to 49 weeks in order to be the primary care giver of the child (to be known as extended adoption leave).

7.4.4 Qualifications of Entitlements and Eligibility

7.4.4.1 An employee engaged upon casual or seasonal work is not entitled to parental leave.

7.4.4.2 An entitlement to parental leave is subject tot he employee having at least 12 months of continuous service with the employer immediately preceding:

(i) In case of maternity leave, the expected date of birth, or otherwise;

(ii) the date on which the leave is due to commence.

7.4.4.3 The entitlement to parental leave is reduced:

(i) In the case of maternity leave, by any period of extended paternity leave taken by the employee’s spouse and/or by any period of special maternity leave taken by the employee;

(ii) In the case of extended paternity leave, by any period of maternity leave taken by the employee’s spouse.

In the case of extended adoption leave, by any period of extended adoption leave taken by the employee’s spouse.

7.4.5 Certification Required

An employee must, when applying for maternity leave or paternity leave, provide the employer with a medical certificate which:

(i) names the employee or the employee’s spouse as appropriate;

(ii) states that the employee or the employee’s spouse is pregnant;

and states:-

• the expected date of birth
• the expected date of termination of pregnancy; or
• the date on which the birth took place

Whichever is appropriate.

7.4.5.2 At the request of the employer, an employee must, in respect of the conferral of parental leave, produce to the employer within a reasonable time a statutory declaration which states;

(i) the particulars of any period of parental leave sought or taken by the employees spouse, and where appropriate;

(ii) that the employee is seeking the leave to become the primary care-giver of a child;

(iii) In the case of adoption leave, a statement from a Government authority giving details of the date, or presumed date, of adoption; and

(iv) that for the period of the leave the employee will not engage in any conduct inconsistent with the employee’s contract of employment.

7.4.6 Notice Requirements

7.4.6.1 Maternity leave:

7.4.6.1.1 An employee must:

(i) not less than 10 weeks before the expected date of birth of the child, give notice in writing to her employer stating the expected date of birth; and

(ii) give not less than four weeks notice in writing to her employer of the date of which she proposes to commence maternity leave stating the period of leave to be taken; and

(iii) notify the employer of any change in the information provided pursuant to Subclause 7.4.5 within two weeks after the change takes place.

7.4.6.1.2 An employer may, by not less than 14 days notice in writing to the employee, require her to commence maternity leave at any time within six weeks immediately before the expected date of birth. Such a notice may be given only if the employee has not given her employer the required notice.

7.4.6.2 Paternity Leave

(i) An employee must, not less than 10 weeks prior to each proposed period of paternity leave, give the employer notice in writing stating the dates on which he proposes to start and finish the period(s) of paternity leave.

(ii) The employee must notify the employer of any change in the information provided pursuant to Subclause 7.4.5 within two weeks after the change takes place.

7.4.6.3 Adoption Leave

An employee must:-

(i) On receiving notice of approval for adoption purposes, notify the employer of the approval and within two months of the approval further notify the employer of the period(s) of adoption leave the employee proposes to take.

(ii) In case of a relative adoption, so notify the employer on deciding to take a child into custody pending an application for adoption.

(iii) As soon as the employee is aware of the expected date of placement of a child for adoption purposes, but not later than 14 days before the expected date of placement, give notice in writing to the employer of the date, and of the date of commencement of any period of short adoption leave to be taken.

(iv) At least 10 weeks before the proposed date of commencing any extended adoption leave, give notice in writing to the employer of the date of commencing leave and the period of leave to be taken.

7.4.6.4 Unforeseen Circumstances

An employee is not in breach of any of these notice requirements if the employee’s failure to comply is caused by unforseen or other compelling circumstances, including;

(i) the birth occurring earlier than the expected date; or

(ii) the death of the mother of the child; or

(iii) the death of the employee’s spouse, or

(iv) the requirement that the employee accept earlier or later placement of the child;

so long as, where a living child is born, the notice is given not later than two weeks after the birth.

7.4.7 Taking of Parental Leave

7.4.7.1 No employee may take parental leave concurrently with such leave taken by the employee’s spouse, apart from paternity leave of up to one week at the time of the birth of the child or adoption leave of up to 3 weeks at the time of the placement of the child.

7.4.7.2 Subject to complying with any relevant provision as to the taking of annual leave or long service leave, an employee may, instead of or in conjunction with parental leave, take and annual leave or long service leave to which the employee is entitled.

7.4.7.3 Paid sick leave or other paid absences are not available to an employee during the employee’s absence on parental leave.

7.4.7.4 A period of maternity leave must be taken as one continuous period and must include, immediately following the birth of the child, a period of 6 weeks of compulsory leave.

7.4.7.5 Maternity leave and cannot extend beyond the child’s first birthday.

7.4.7.6 Adoption leave cannot extend beyond the child’s fifth birthday.

7.4.7.7 Extended adoption leave cannot extend beyond the first anniversary of the initial placement of the child.

7.4.8 Variation and Cancellation of Parental Leave

7.4.8.1 Without extending an entitlement beyond the limit set by Subclause 7.4.3, parental leave may be varied as follows:

(i) The leave may be lengthened once by the employee giving the employer at least 14 days notice in writing stating the period by which the employee requires the leave to be lengthened; or

(ii) The leave may be lengthened or shortened by agreement between the employer and the employee.

7.4.8.2 Parental Leave, if applied for but not commenced, is cancelled;

(i) should the pregnancy terminate otherwise than by the birth of a living child; or

(ii) should the placement of a child proposed for adoption not proceed; as the case may be.

7.4.8.3 If, after the commencement of any parental leave:-

(i) the pregnancy is terminated otherwise than by the birth of a living child or, the in case of adoption leave, the placement of the child ceases, and;

(ii) the employee gives the employer notice in writing stating that the employee desires to resume work;

the employer must allow the employee to resume work within four weeks of receipt of the notice.

7.4.8.4 Parental Leave may be cancelled by agreement between the employer and the employee.

7.4.9 Special Maternity Leave and Sick Leave

7.4.9.1 If,

• an employee not then on maternity leave suffers illness related to her pregnancy, or;
• the pregnancy of an employee not then on maternity leave terminates after 28 weeks otherwise than by the birth of a living child.

she may take such paid sick leave as she is then entitled to and such further unpaid leave (to be known as special maternity leave) as a legally qualified medical practitioner certifies to be necessary before her return to work, provided that the aggregate of paid sick leave, special maternity leave and maternity leave shall not exceed the period to which the employee is entitled under Subclause 7.4.3.2.

7.4.9.2 An employee who returns to work after the completion of a period of such leave, is entitled to the position which she held immediately before commencing such leave, or in the case of an employee who was transferred to a safe job, to the position she held immediately before such transfer.

7.4.9.3 If that position no longer exists, but there are other positions available which the employee is qualified for and is capable of performing, she is entitled to a position as nearly as possible comparable in status and pay as that of her former position.

7.4.10 Special Adoption Leave

7.4.10.1 An employee who has received approval to adopt a child who is overseas is entitled to such unpaid leave as is reasonably required by the employee to obtain custody of the child.

7.4.10.2 An employee who is seeking to adopt a child is entitled to such unpaid leave not exceeding five days as is required by the employee to attend such interviews, workshops, court attendances or examinations as are necessary as part of the adoption procedure.

7.4.10.3 The leave under this clause is to be known as special adoption leave and does not affect any entitlement under Clause 7.4.3.

7.4.10.4 Special adoption leave may be taken concurrently by an employee and the employee’s spouse.

7.4.10.5 Where paid leave is available to the employee, the employer may require the employee to take such leave instead of a special adoption leave.

7.4.11 Transfer to a Safe Job: Maternity Leave

7.4.11.1 If, in the opinion of a legally qualified medical practitioner:

(i) illness or risks arising out of the pregnancy, or

(ii) hazards connected with the work assigned to the employee;

make it inadvisable for the employee to continue her present work, the employee must, if the employer considers that it is practicable to do so, be transferred to a safe job at the rate and on the conditions attaching to that job until the commencement of maternity leave.

7.4.11.2 If the transfer to a safe job is not considered practicable, the employee is entitled, or the employer may require the employee, to take leave for such period as is certified necessary by a legally qualified practitioner.

7.4.11.3 Leave under this clause will be treated as maternity leave.

7.4.12 Part Time Work

An employee who is pregnant or is entitled to parental leave may, by agreement with the employer, reduce the employee’s hours of employment to an agreed extent subject to the following conditions;

7.4.12.1 Where the employee is pregnant, and to do so is necessary or desirable because of the pregnancy; or

7.4.12.2 Where the employee is entitled to parental leave, by reducing the employee’s entitlement to parental leave for the period of such agreement.

7.4.13 Return to Work after Parental Leave

7.4.13.1 An employee must confirm the employee’s intention to return to work by notice in writing to the employer given at least four weeks before the end of the period of parental leave.

7.4.13.2 On returning to work after parental leave an employee is entitled:

(i) to the position which the employee held immediately before commencing parental leave or;

(ii) in the case of an employee who was transferred to a safe job, to the position which she held immediately before the transfer.

7.4.13.3 If the employee’s previous position no longer exists but there are other positions available which the employee is qualified for and is capable of performing, the employee is entitled to a position as nearly as comparable in status and pay to that of the employee’s former position.

7.4.14 Termination of Employment

7.4.14.1 An employee on parental leave may terminate the employee’s employment at any time during the period of leave by giving the required notice.

7.4.14.2 An employer must not terminate the employment of an employee on the ground of her pregnancy or the employee’s absence on parental leave. Otherwise the rights of an employer in relation to termination of employment are not affected by this clause.

CLAUSE 7.5 PUBLIC HOLIDAYS

OPDATE 24:03:2006 1st pp on or after

7.5.1 Public Holidays

An employee on weekly hiring shall be entitled to the following Public Holidays without loss of pay:

New Year's Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Adelaide Cup Day (on the third Monday in May), Queen's Birthday, Labour Day, Christmas Day, Proclamation Day, or such other day as is generally observed in a locality as a substitute for any of the said days respectively. By agreement between the employer and his employee other days may be substituted for the said days. Where an employee is absent from his employment on the working day before or the working day after a public holiday without a doctor's certificate or without the consent of the employer, the employee shall not be entitled to payment for such holiday, and any day proclaimed as a public holiday pursuant to the provisions of the Holidays Act 1910.

7.5.2 Rostered Leisure Day off Occurring on a Public Holiday

In the case of an employee whose ordinary hours of work are in accordance with Clauses 6.1.2 (i) or (ii) herein, the Rostered Leisure Day off shall not coincide with a Public Holiday fixed in accordance with subclause 7.5.1 hereof. Provided that in the event that a Public Holiday is prescribed after an employee has been given notice of his Rostered Leisure Day off, in accordance with subclause 6.1.2 of this award and the Public Holiday falls on the weekday the employee is to take off, the employer shall allow the employee to take an alternative weekday off.

PART 8 TRANSFERS, TRAVELLING AND WORKING AWAY FROM USUAL PLACE OF WORK
CLAUSE 8.1 FARES AND TRAVELLING TIME ALLOWANCES
OPDATE 18:08:98 1st pp on or after

8.1.1 Fares and Allowances

Employees shall be entitled to the fares and allowances prescribed by Schedule 3 (j) when, at the employer's direction, they commence and/or finish work at the normal starting or finishing time at a place other than the employers office, workshop or depot.

8.1.2 Office, Workshop or Depot

An employer shall not for the purpose of this clause, have more than one office, workshop or depot within a 50km radius.

Office shall mean any office of the employer at which he/she conducts his/her business, including branch offices and site offices.

8.1.3 Distant Work

An employee engaged on a job where he/she is required to remain away from his/her usual place of abode and reside elsewhere than on the site (or adjacent to the site and provided with transport), shall be paid the appropriate fares and travelling allowance defined in clause 8.1.1 hereof and as prescribed by Schedule 3 (j) (i), (ii) & (iii) in this award.

Whilst residing on or adjacent to the site, he/she shall be entitled to the fares and travelling allowance prescribed in Schedule 3 (j) (iv) in this award.

In addition, an employee shall be paid expenses (as defined) whilst so absent from his/her usual locality.

8.1.4 Expenses

for the purpose of the clause expenses shall mean -

(i) All fares reasonably incurred. For boat travel, the fares allowed shall be first class on coastal and on interstate boats where there is no second class as distinct from steerage; for air travel, tourist class; and for all rail travel second class except where all night travelling is included when they shall be first class, with sleeping berth where available.

(ii) The amount prescribed by Schedule 3 (h) in this award for each meal taken while travelling.

(iii) A reasonable allowance to cover the cost incurred for full board and lodging.

CLAUSE 8.2 LIVING AWAY FROM HOME ALLOWANCE

OPDATE 18:08:98 1st pp on or after

An employee required to remain away from his/her usual place of abode shall be paid a living away from home allowance at the rate prescribed by Schedule 3 (k) in this award excluding such periods of travelling incurred under Clause 8.1 hereof. The foregoing allowance shall not apply where a site loading or area allowance makes provisions for such a component.

CLAUSE 8.3 MOTOR VEHICLE ALLOWANCE

OPDATE 18:08:98 1st pp on or after

Employees who in the service of their employers use their own motor vehicles at the request of their employer shall be paid the rate prescribed by Schedule 3 (l) in this award.

PART 9 TRAINING AND RELATED MATTERS
CLAUSE 9.1 ELECTRICAL, ELECTRONIC INDUSTRY TRAINING BOARDS
OPDATE 18:08:98 1st pp on or after

(i) The National Utilities Training Advisory Body Ltd. and the Electrical, Electrotechnology, Energy & Water Training Board (S.A.) Inc. shall be the industry advisory bodies for electrical and electronic training for South Australia.

(ii) By liaising with Electrical, Electrotechnology, Energy & Water Training Board (S.A.) Inc. the National Utilities Training Advisory Body Ltd. shall ensure that there is a consistent and uniform approach to electrical and electronic training in Australia.

(iii) In conjunction with the Electrical, Electrotechnology, Energy & Water Training Board (S.A.) Inc the Utilities Industry Training Board Ltd shall be responsible for the development of training standards.

PART 10 OCCUPATIONAL HEALTH AND SAFETY, EQUIPMENT, TOOLS AND AMENITIES
CLAUSE 10.1 FIRST AID
OPDATE 18:08:98 1st pp on or after

An employer shall endeavour to have at least one employee trained to render first aid in attendance when work is performed in the workshop or on a construction site. An employee who has been trained to render first-aid, and who is the current holder of appropriate first-aid qualifications, such as a certificate from the St John Ambulance or similar body, shall be paid a weekly allowance as prescribed by Schedule 3 (m) of this award if he/she is appointed by his employer to perform first-aid duties.

CLAUSE 10.2 STORAGE OF EMPLOYEES TOOLS

OPDATE 18:08:98 1st pp on or after

An electrical worker whilst engaged on a construction site where he is unable to arrange suitable free storage accommodation for his tools, shall be provided with same by the employer. Tools so stored shall be at the employees risk.

Provided further that where an employee is absent from work because of illness or accident occurring during working hours, the employer shall ensure that the employee's tools are either transported to the employer's premises or are securely stored during his absence.

CLAUSE 10.3 COMPENSATION FOR LOSS OF TOOLS

OPDATE 18:08:98 1st pp on or after

An employer shall on behalf of the employee replace tools lost by breaking and entering whilst securely stored at the employers direction in a room or building on the employers premises, job, workshop or in a lockup to a maximum trade value as that prescribed by Schedule 3 (n) of this award.

Provided that this clause shall not apply if the employer has requested the employee to supply him/her with a list of tools required to be kept on the job and the employee has not supplied such a list.

CLAUSE 10.4 COMPENSATION FOR DAMAGE TO CLOTHING OR TOOLS

OPDATE 18:08:98 1st pp on or after

Compensation or replacement to the extent of the damage sustained, shall be made where in the course of the work, clothing, spectacles or tools are damaged or destroyed by fire, acid, sulphur or other deleterious substances.

Provided that in the event of the parties not reaching agreement, such compensation may be fixed by a board of reference.

Provided further that this clause shall not apply in the case of wilful negligence, proof whereof shall be on the employer.

CLAUSE 10.5 PROTECTIVE CLOTHING OR FOOTWEAR

OPDATE 18:08:98 1st pp on or after

An employee in any place where the clothing or boots may become saturated whether by water, oil, or otherwise, shall be provided by the employer with suitable and effective protective clothing and/or footwear.

PART 11 AWARD COMPLIANCE AND UNION RELATED MATTERS
CLAUSE 11.1 POSTING OF AWARD
OPDATE 18:08:98 1st pp on or after

11.1.1 An employer must, at the request of an employee, produce a copy of the award as soon as practicable after the request and allow the employee a reasonable opportunity to examine it.

11.1.2 If an employee asks the employer for a copy of the award the employer must give the employee a copy of the award within 14 days of the request.

11.1.3 However, an employer is not obliged to comply with a request under 11.1.2 if:

11.1.3.1 the employer has previously given the employee a copy of the award within the preceding 12 months; or

11.1.3.2 the Commission has, on the application of the employer, relieved the employer from the obligation to comply with the request.

11.1.4 An employer must ensure that a copy of the award or enterprise agreement is exhibited at a place that is reasonably accessible to the employees.

CLAUSE 11.2 NOTICE BOARDS

OPDATE 18:08:98 1st pp on or after

11.2.1 An employer bound by this award must permit an accredited union representative to post formal union notices, signed or countersigned by the representative posting it upon an appropriate notice board.

11.2.2 Any notice posted on a notice board not so signed or countersigned by the representative may be removed by the employer.

11.2.3 The provisions of this Clause will apply to an employer employing six or more persons bound by this Award.

CLAUSE 11.3 RIGHT OF ENTRY

OPDATE 18:08:98 1st pp on or after

11.3.1 An accredited representative of the union must be permitted to enter an employer’s premises at which one or more of the union’s members are employed at for the following purposes:

11.3.3.1 to inspect time books and wage records as the employer is required to keep or cause to be kept at those premises under S102 of the Act;

11.3.3.2 to inspect the work carried out by the employees who are members of the union and note the conditions under which the work is carried out;

11.3.3.3 if specific complaints of non-compliance with the award or enterprise agreement have been made interview employees who are members of the union about the complaints.

11.3.2 No right of entry will be exercised under this clause for any purposes other than the purposes expressly enumerated in 11.3.1 above.

11.3.3 No right of entry will be exercised under this clause unless:

11.3.3.1 an accredited representative of the union gives at least 24 hours notice to the employer whose premises are to be entered of that officer’s intention to enter the said premises and states to the employer for which of the provisions of 11.3.1 hereof the right to entry is sought.

11.3.3.2 the accredited representative of the union complies with all the security and safety procedures and restrictions normally in force on the employer’s premises.

11.3.4 Unless otherwise agreed the exercise of any right of entry under 11.3.1.3 on an employer’s premises will take place during meal or tea breaks except in the following circumstances:

11.3.4.1 Where the union has not previously exercised a right of entry pursuant to 11.3.1.3 hereof on that premises, an employer must not unreasonably withhold consent to a request from an accredited official of the union to interview employees who are members during working hours. For the purposes of this subclause “an employer’s premises” will mean each individual premises which an employer has under the employer’s care and control. Where a right of entry is exercised pursuant to this placitum such right of entry will be exercised not more than once per calendar year unless otherwise agreed.

11.3.4.2 Where it is not practicable for the accredited officers of the union to exercise a right of entry during meal or tea breaks on the employer’s premises.

11.3.5 Unless otherwise agreed, no right of entry can be exercised under this Clause on the same premises on more than one occasion per week during working hours (exclusive of meal and tea breaks).

SCHEDULE 1. WAGE RATES

OPDATE 14:12:2005 1st pp on and from

This schedule shall operate from the beginning of the first pay period to commence on or after 14th December, 2005.

Refer Clause 1.8 Maximum Wage.

S1.1 Wage Rates

S1.2 Wage Rates - Apprentices

To the above items shall be added an amount of 66 cents in the locality of Whyalla and Iron Knob. Employees shall be classified into the Grade appropriate to their function and qualification in line with the following schedule:

S1.3 Safety Net Adjustments

S1.3.1 The rates of pay in this award include the arbitrated safety net adjustment payable under the State Wage Case July 2005. This arbitrated safety net adjustment may be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, certified agreements, currently operating enterprise flexibility agreements, Australian workplace agreements, award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases made under previous State Wage Case principles or under the current Declaration, excepting those resulting from enterprise agreements, or award variations to give effect to enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

S1.3.2 The rates of pay in this award also contain safety net wage adjustments as determined by previous State Wage Case decisions. The absorption arrangements applying in relation to those adjustments continue to apply.

SCHEDULE 2. CLASSIFICATION STRUCTURE

OPDATE 18:08:98 1st pp on or after

Electrical Worker Grade 1

Electrical Labourer

Electrical Worker Grade 2

- Lines Clearance Operator
- Trades Assistant

Electrical Worker Grade 3

- Electronic Equipment Installer Level 1
- TV Antenna Installer/Erector
- Fire/Security Alarm Tester Level 1
- Electronic Equipment Tester/Installer Level 1
- Purchasing Clerk/Storeperson Level 1

Electrical Worker Grade 4

- Electronic Equipment Installer Level 2
- Fire/Security Alarm Tester Level 2

Electrical Worker Grade 5

- Electrical Tradesperson Level 1
- Electronic Serviceperson Level 1
- Instrument Tradesperson Level 1
- Refrigeration/Airconditioning Tradesperson Level 1
- Electrical Tradesperson Powerline Level 1
- Cable Jointer
- Purchasing Clerk/Storeperson Level 2

Electrical Worker Grade 6

- Electrical Tradesperson Level 2
- Electronic Serviceperson Level 2
- Instrument Tradesperson Level 2
- Refrigeration/Airconditioning Tradesperson Level 2
- Electrical Tradesperson Powerline Level 2

Electrical Worker Grade 7

- Electrician Special Class
- Electronic Serviceperson Special Class
- Instrument Tradesperson Special Class
- Refrigeration/Airconditioning Tradesperson Special Class
- Electrical Tradesperson Powerline Special Class

Electrical Worker Grade 8

- Advanced Electrical Tradesperson Level 1
- Advanced Electronic Serviceperson Level 1
- Advanced Instrument Tradesperson Level 1
- Advanced Refrigeration/AirConditioning Tradesperson Level 1
- Advanced Electrical Tradesperson Powerline Level 1

Electrical Worker Grade 9

- Advanced Electrical Tradesperson Level 2
- Advanced Electronic Serviceperson Level 2
- Advanced Instrument Tradesperson Level 2
- Advanced Refrigeration/AirConditioningTradesperson Level 2
- Advanced Electrical Tradesperson Powerline Level 2

Electrical Worker Grade 10

- Advanced Electrical Tradesperson Level 3
- Advanced Electronic Serviceperson Level 3
- Advanced Instrument Tradesperson Level 3
- Advanced Refrigeration/AirConditioning Tradesperson Level 3

SCHEDULE 3. ALLOWANCES

OPDATE 14:12:2005 1st pp on and from

(a) Allowances as prescribed by Clause 5.4 of this Award -

(i) Special Payments - (Refer Clause 5.6)

The wages table in Schedule 1 includes special payments for all purposes of the award.

(ii) Installation Allowance - (Refer subclause 5.3.1)

In addition to the rates prescribed for Industry Allowance an employee working on a construction site installation shall be paid an allowance of $33.30 per week for all purposes of the award.

(iii) Service and Maintenance Allowance - (Refer subclause 5.3.2)

In addition to the rates prescribed for Industry Allowance an employee engaged on service or maintenance work which may include minor alterations or additions associated with such work, shall be paid an allowance of $16.30 per week for all purposes of the award.

(iv) Tool Allowance - (Refer subclause 5.3.4)

In addition to the rates prescribed by Schedule 1. hereof a tradesperson shall be paid an allowance of $12.50 per week for all purposes of the Award for supplying and maintaining the full set of tools ordinarily required in the performance of his/her work as a tradesperson.

Provided that where it was the practice as at 27 July 1982 for the employer to provide all tools ordinarily required by a tradesperson or an apprentice in the performance of his/her work, the employer may continue that practice and in that event, the allowance prescribed in this paragraph shall not apply to such tradespersons or apprentices.

(v) Licence Allowance - (Refer subclause 5.3.3)

In addition to the wages tabled in Schedule 1 an employee engaged and working as an electrical tradesperson and who holds an unrestricted Electrical Workers Registration licence issued under the Plumbers, Gas Fitters and Electricians Act, 1995 shall be paid an additional $19.00 per week for all purposes of the award.

(vi) Electrical Distribution Line Maintenance and Tree Clearing Allowance - (Refer subclause 5.3.12)

In addition to the rates prescribed in Schedule 1 herein an employee engaged on the clearance of trees and vegetation and or work associated with the maintenance of Electrical Distribution Lines shall be paid an allowance of $44.40 per week for all purposes of the Award.

(b) Service Increments - (Refer subclause 5.3.5)

After one years continuous service with the same employer, an employee may be granted $1.02 per week extra.

After 3 years continuous service with the same employer, an employee may be granted $2.96 per week extra.

After 5 years continuous service with the same employer, an employee may be granted $4.89 per week extra.

After 7 years continuous service with the same employer, an employee may be granted $7.51 per week extra.

After 10 years continuous service with the same employer, an employee may be granted $9.79 per week extra.

(c) Availability for Duty Allowance - (Refer subclause 5.3.7)

Where an employee is on availability for duty he/she shall be paid an additional allowance of $29.90 per week and when required to work shall be paid at the appropriate rate for actual time worked.

Travelling time so incurred shall be classed as time worked.

(d) Multi-Storey Allowance - (Refer subclause 5.3.8)

An employee other than an apprentice engaged on installation work on a multi-storey building (as defined) shall be paid $21.40 per week extra, or a pro rata rate per day provided that the employee performs such work for a minimum period of 2 hours.

Apprentices engaged on installation work on a multi-storey building shall be paid in the same percentage to the year of apprenticeship of the multi-storey allowance per week extra or at a pro rata rate per day provided that the apprentice performs such work for a minimum of 2 hours.

In the case of apprentices, such calculation shall be rounded to the nearest 5 cents, and in other cases to the nearest 10 cents.

(e) Asbestos Removal Allowance - (Refer subclause 5.3.10)

Any employee involved in asbestos eradication or removal shall receive $1.48 extra per hour for each hour worked.

(f) Special Disability Allowance - (Refer subclause 5.3.11)

Broken Hill Associated Smelters, Port Pirie S.A. Any employee involved in on site work as defined shall be paid an allowance of 50 cents per hour for each hour actually worked and spent in the defined areas. This special disability allowance shall stand alone and shall not be included for any other purpose of the award.

(g) Leading Hand Allowance - (Refer subclause 5.3.6)

A Leading Hand shall mean a person appointed by the employer to supervise the work of other employees. Leading Hands shall receive the following allowances for all purposes of the Award:

(h) Meal Allowance - $9.70 for each meal.

(Refer subclause 6.3.3 & 8.1.4 (ii))

(j) Fares and Travelling Allowances - (Refer Clause 8.1)

(v) Where the employer provides or offers to provide employees with transport on jobs situated beyond 50km radius of the employer's office, workshop or depot $6.60 per day together with reasonable travelling time per day with a minimum of a quarter of an hour provided that in accordance with the preceding subclause travelling time shall be paid at ordinary rates, except on Sundays and public holidays when it shall be at time and a half.

(k) Living Away From Home Allowance - a rate of $4.30 per day - (Refer Clause 8.2)

(l) Motor Vehicle Allowance - (Refer Clause 8.3)

Employees who in the service of their employers use their own motor vehicles at the request of their employer shall be paid a mileage rate of 80 cents per kilometre.

(m) First Aid Allowance - a weekly rate of $11.40. - (Refer Clause 10.1)

(n) Loss of Tools – to a maximum trade value of $436.70 - (Refer Clause 10.3)

SCHEDULE 4. MEMORANDUM OF UNDERSTANDING

OPDATE 18:08:98 1st pp on or after

The parties to this Memorandum of Understanding, recognising that potential problems may arise out of overlap between the Electrical Contracting Industry (S.A.) Award (the "Award") and:

The Metal Industry Award (South Australia) agree that variation of this Electrical Contracting Industry (SA) Award shall not be used by either party to this Memorandum to extend the basis of its coverage into areas covered by the Electrical Contracting Industry (SA) Award or by the Metal Industry Award (South Australia).

This Memorandum is made in order that the intention of the parties is clear should any disputation arise over the application of this Award to work other than that carried out by an Electrical Contractor.

The interests of the Chamber of Commerce and Industry S.A. Inc., concerning manufacturers and vendors whilst installing, repairing and servicing their equipment are understood by the parties in this regard.


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